One of the main benefits of a trust is avoiding probate — but there are important exceptions.
Assets properly held in a revocable living trust do not go through probate. The successor trustee distributes assets according to the trust terms without court involvement. There's no public filing, no hearings, and no probate fees.
Unfunded trusts. A trust only controls assets transferred into it. If assets were never retitled into the trust's name, they must go through probate. This is surprisingly common.
Assets acquired later. Property or accounts opened after the trust was created but never titled in the trust go through probate.
Pour-over will. Many trust plans include a pour-over will that catches stray assets — but those assets still go through probate first.
Even without probate, the successor trustee must inventory assets, notify beneficiaries, pay debts and taxes, and distribute assets. This typically takes 3-12 months — faster than probate, but not immediate.
Yes, inheritance advances can work with trust distributions as well as probate estates. Call (800) 617-7260 to discuss your situation.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
Typically 3-12 months, depending on complexity, real estate, and how quickly the trustee acts.
A trustee must follow the trust terms. If you're owed a distribution, you can petition the court to compel action.
You can challenge the trust in court. Similar to a will contest but may be more difficult.
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