are living trusts subject to probate?
234189
In particular, life interest trusts, even where the value of the underlying assets is in the estate of the deceased (such as an immediate post-death interest trust), the value is not included in the probate value and no probate is needed for the trust to continue (as long as there is at least one surviving trustee).
918237
Under California law (Probate Code section 16061.7) every Trust beneficiary, and every heir-at-law of the decedent, is entitled to receive a copy of the Trust document. ... By the way, Trusts are not recorded anywhere. That means you cannot go to the County Recorder's office and ask to see a copy of the Trust.
448286
Unlike Colorado Wills, a Colorado Living Trust does not require any witnesses. Due to the importance of the document, a Colorado Trust should be executed in the presence of a notary public.
1152556
What Is the Difference Between a Living Trust and an Estate Account? A living trust can protect your home and other assets. Estate planning means taking steps to ensure that your family is provided for after you're gone.
805735
A year after the Will has been probated, a beneficiary can demand an accounting of each transaction the Personal Representative has engaged in on behalf of the estate. Again, that accounting will relate solely to Probate Assets, not Non-Probate Assets. The accounting can be formal or informal.
1147995
The person who serves as the "executor" of a living trust is called the successor trustee. ... The executor gathers assets, pays bills and taxes, and eventually distributes what's left to the people who inherit it.
1111363
In most places, a living trust document, unlike a will, does not need to be signed in front of witnesses. (In Florida, two witnesses are required; a witness statement automatically prints out with the Florida trust document.) But you do need to sign your living trust document in front of a notary public for your state.
1338021
Unlike a Will, which has to be filed with the court at the start of the probate process, a Revocable Living Trust generally does not have to be filed or recorded anywhere. Unless there's a lawsuit concerning your trust, it won't become a matter of public record.
1260823
Because it is left to a beneficiary, it might not pass through the probate process, but that does not mean the value of the annuity is not part of your estate valuation for tax purposes. The estate tax exemption depends on the year in which you die.
784290
The obvious assets that will need to be probated are those with a title that is in your name only. These might include bank accounts, investments, home, other real estate, vehicles, etc. ... Jointly Owned Assets. Jointly owned assets that transfer to the surviving owner do not go through probate.
507013
In Wisconsin, trusts do not become a part of the public record but they may still be contested. Having the trust document notarized makes it more difficult for your beneficiaries to challenge its terms after your death. Fund the trust by transferring your property or assets to the control of the trustee.
1308295
No Will. 'Probate' is the process by which the Supreme Court gives the executors of an estate the power to distribute assets to beneficiaries. If the deceased does not have a Will, you do not need a grant of Probate. You will instead need to apply for 'letters of administration'.
100094
However, you or your spouse retains control of the assets. ... Again, it is both an asset protection and estate planning option. Many use revocable living trusts for the sake of avoiding probate, but these trusts offer no defense against creditors, because whoever puts assets into them can take them back out.
1450771
If it is a shared revocable living trust, the spouses would typically act as co-trustees and co-beneficiaries while they are both alive and well. ... You may choose to have personal property pass to to heirs upon your death, or you may designate the personal property to pass upon the death of the surviving spouse.
582247
If the will funds a revocable trust, then the successor trustee of the trust is entitled to a copy of the will. Note that once a will is probated, it is available to the public and anyone can read it.
575012
Some people don't want to probate a will. There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate (see below), there is no way for the beneficiaries to obtain legal ownership without it. There are some exceptions to this.
484869
Joint ownership of houses, bank accounts, investments etc. The asset will not be part of your estate, and no probate is necessary. ... Unless the child can prove that you intended to give the asset to them, the asset is deemed to form part of your estate and is subject to probate.