Probate

  • Does a trust have to go through probate?

    No. One of the advantages of a trust over a will is that a trust does not have to go through probate before assets are distributed to beneficiaries. A trust is usually more expensive and complicated to set up than a will; on the other hand, it can take anywhere from 6 to 18 months (or longer) for a will to go through the probate process.

  • Estate Planning FAQ: What does it mean to “fund” a trust?

    To fund a trust means to retitle certain assets in the name of the trust.  Your trust only controls those assets that are “owned” by the trust.  If your trust is funded properly, the trust will control the distribution of your assets when you die; assets not owned by the trust may not be distributed as provided in the trust.  A properly funded trust can also help your estate avoid probate when you die.

  • What is probate, and why does everyone think probate should be avoided like the plague?

    Probate is the process used to ask a judge (usually a probate court judge) to approve a decedent’s will so the instructions in the will can be acted upon.

Mike Toburen - Attorney at Law   

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