Living Trust FAQ

An introduction to living trusts -- a popular way to avoid probate.

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Questions:

Answer:

How does a living trust avoid probate?

Property you transfer into a living trust before your death doesn't go through probate. The successor trustee -- the person you appoint to handle the trust after your death -- simply transfers ownership to the beneficiaries you named in the trust. In many cases, the whole process takes only a few weeks, and there are no lawyer or court fees to pay. When all of the property has been transferred to the beneficiaries, the living trust ceases to exist.

For more details, see Nolo's article How Living Trusts Avoid Probate.

Ready to Create a Living Trust?

You can make a trust yourself--online or on your computer--or get help from a lawyer
Nolo's Online Living Trust We'll take you through a step-by-step interview, asking all necessary questions and explaining legal issues along the way. Start creating your living trust now.
Nolo's Living Trust Maker This stand-alone software also uses a simple step-by-step interview, but doesn't require Internet access. Buy the software.
Make Your Own Living Trust, by Denis Clifford This bestselling book provides all the forms and instructions you need to make your living trust. Buy the book
Talk to a Lawyer If you have questions about your situation or a thorny estate planning issue, get advice from an estate planning lawyer.
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