When it comes to estate planning, many people believe that simply creating a living trust will help them avoid probate. While a revocable living trust is a powerful tool, it’s not enough on its own. At Legacy Law Group, we help families in Ohio and Michigan understand that avoiding probate with a living trust requires more than just signing documents—it requires proper trust funding and asset alignment.

What Is a Revocable Living Trust?

A revocable living trust is a legal document that allows you to manage your assets during your lifetime and distribute them after your death—without court involvement. You typically serve as the initial trustee, maintaining full control. Upon your incapacity or death, a successor trustee steps in to manage or distribute the trust assets.

Learn more in our article: Understanding Living Trusts: A Powerful Tool for Estate Planning

Why Avoid Probate?

Probate is the legal process of administering a deceased person’s estate. In both Ohio and Michigan, probate can be:

• Time-consuming
• Expensive
• Public

Families often face delays, legal fees, and a lack of privacy. That’s why many turn to living trusts - to bypass probate and ensure a smoother transition of assets.

The Key to Avoiding Probate: Trust Funding

Here’s the truth: a living trust alone does not avoid probate. Only assets that are properly aligned with your trust plan will bypass the probate process.

This process is called trust funding, and it includes:

• Deeding real estate to your trust
• Retitling bank and investment accounts
• Transferring business interests and vehicles
• Updating beneficiary designations where appropriate

If you pass away with assets still in your individual name, those assets may still go through probate, even if you have a trust.

Living Trust vs. Will: What’s the Difference?

A will must go through probate. A living trust, when properly funded, avoids it. While both documents are important, they serve different purposes. A trust offers:

• Privacy
• Continuity of management
• Faster distribution of assets
• Protection for beneficiaries

Learn more about how these tools work together in our Education Hub.

Ready to Start Avoiding Probate with a Living Trust?

If you want to ensure your estate avoids probate and your loved ones are protected, we’re here to help. Contact Legacy Law Group today to create or review your estate plan.