Use case

Avoiding probate with a Living Trust

Probate is the court-supervised process of distributing your estate after death. It’s public record, it can take 9 to 18 months, and it costs 2–5% of your estate in legal and court fees. A revocable living trust lets your assets pass directly to your heirs — privately, quickly, and without court involvement. This page covers the documents you need to set up your trust, fund it correctly, and keep your estate entirely out of probate.

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Individual

Revocable Living Trust for Single Person

Establish a flexible estate plan that you can modify anytime, making it ideal for individuals managing their own assets.

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Individual

Living Trust for Individual Who is Single, Divorced or Widow (or Widower) with Children

Create a living trust to protect assets for your children if you're single, divorced, or widowed.

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Married Couple

Revocable Living Trust for Married Couple

Create a flexible estate plan that lets married couples manage and transfer their assets easily and efficiently.

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Married Couple

Revocable Living Trust for Unmarried Couples

Protect your assets and plan for the future with a legal arrangement designed for unmarried couples.

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Married Couple

Living Trust for Husband and Wife with Minor and or Adult Children

Create a trust to manage and distribute assets for children, ensuring protection and clarity for family arrangements.

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Married Couple

Revocable Living Trust for Husband and Wife with No Children

Create a flexible estate plan for spouses without children, ensuring smooth asset management and distribution during life and after death.

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Married Couple

Living Trust for Husband and Wife with One Child

Create a personalized living trust to manage assets for a couple and their child, ensuring a smooth transfer of wealth.

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Why probate is worth avoiding — and how a living trust does it

Probate is public — a living trust keeps your estate private

When a will goes through probate, it becomes a public court record. Anyone can look up what you owned, who your beneficiaries are, and what they received. A living trust passes assets directly to heirs without court involvement, keeping the entire transfer completely private.

Probate takes 9–18 months — trust assets transfer almost immediately

During probate, your heirs may have no access to estate assets while the court process plays out. Assets that are properly titled in a living trust can be transferred to beneficiaries within weeks of death — without waiting for court approval, hearings, or publication requirements.

Probate costs 2–5% of your estate — trusts avoid most of that

Attorney fees, court filing fees, executor compensation, and appraisal costs add up — and they come out of your estate before your heirs receive anything. A properly funded living trust avoids probate entirely for assets held in it, preserving more of your estate for the people you intend to benefit.

Set up your living trust in 3 steps

Step 1
Select your trust documents
Choose your state to get the correct revocable living trust agreement, pour-over will, and any supporting forms. Trust requirements vary by state — particularly for real estate transfers and witness requirements.
Step 2
Fill out with our online editor
Name yourself as the initial trustee (you retain full control during your lifetime), name a successor trustee to take over at your death, and designate your beneficiaries. Our editor guides you through every required field.
Step 3
Sign, notarize, and fund your trust
Sign the trust document in front of a notary. Then — critically — transfer your assets into the trust. Real estate requires a new deed; bank accounts must be retitled; life insurance and retirement accounts need beneficiary designation updates.

Notarization guidance

A revocable living trust requires notarization in all states. If you’re transferring real estate into the trust, a separate notarized deed is required for each property — using the trust as the new owner. You can complete notarization online through US Legal Forms, powered by Notarize, via a secure verified video call available 24/7.

FAQs

Yes — you should have both. A living trust only controls assets that are actually placed in it. A pour-over will acts as a safety net for any assets you forgot to transfer or acquired after creating the trust. A will is also the only place to name a guardian for minor children.

Not sure which forms you need?

Search our full library of estate planning documents — revocable living trusts, pour-over wills, trust amendments, and certification forms. Filter by state to find the exact version required where you live.

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Glossary of terms

Revocable Living TrustA legal arrangement in which you transfer ownership of your assets to a trust you control during your lifetime. Unlike an irrevocable trust, you can modify or dissolve it at any time. At your death, assets pass directly to beneficiaries without court involvement, avoiding probate.
ProbateThe court-supervised process of validating a will, paying debts, and distributing a deceased person’s estate to heirs. Probate is public record, typically takes 9–18 months, and costs 2–5% of the estate in fees. Assets held in a living trust bypass probate entirely.
Pour-Over WillA companion will used alongside a living trust that directs any assets not already in the trust to “pour over” into it at death. It ensures that assets accidentally left out of the trust are still distributed according to the trust’s terms.
Successor TrusteeThe person or institution named to manage and distribute trust assets after the original trustee dies or becomes incapacitated. The successor trustee steps in automatically — without court appointment — making asset distribution fast and private.
Trust FundingThe process of legally transferring ownership of assets into the trust after signing. Includes recording new deeds for real estate, retitling bank and investment accounts, and updating beneficiary designations. An unfunded trust provides no probate-avoidance benefit.
Certification of TrustA shorter document summarizing key trust details — the trust’s name, trustee identity, and trustee authority — without revealing the full terms or beneficiary information. Banks, title companies, and other third parties use it to verify the trust’s existence.

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