What is the Difference Between Probate and Trusts?

When planning for the distribution of assets after death, many people consider the use of a will, a trust, or both. Both probate and a trust are legal processes that allow for the transfer of assets to beneficiaries after a person passes away, but they differ in their approach, benefits, and drawbacks.

What is Probate?

Probate is a court-supervised process that occurs after a person passes away to transfer ownership of their assets to their beneficiaries and heirs. Probate can be a lengthy and complex process, and it can involve court fees, attorney’s fees, and other administrative costs. Additionally, probate is a matter of public record, which means that anyone can access the records of the probate proceedings, including the deceased person’s will, inventory of assets, debts, and distributions to beneficiaries.

What is a Trust?

In contrast, a trust is a legal entity that holds ownership of assets and is managed by a trustee. The trustee is responsible for managing the trust assets and ensuring that they are distributed to the beneficiaries according to the terms of the trust. A trust can be set up to take effect during the grantor’s lifetime or after their death. A trust can also provide for the management of assets if the grantor becomes incapacitated, avoiding the need for a guardianship or conservatorship.

What are the benefits of trusts in estate planning?

There are several benefits to using a trust over probate. First, a trust can help avoid the costs and delays of probate. Assets in a trust can be distributed to beneficiaries much more quickly and efficiently than those subject to probate. Second, a trust can provide greater flexibility and control over how assets are distributed to beneficiaries. For example, a trust can allow for the distribution of assets over time, ensuring that beneficiaries receive a steady stream of income rather than a lump sum that could be quickly spent or wasted. Third, a trust can provide for greater privacy than probate. Because a trust is a private document, it is not subject to public record, meaning that the details of the trust’s assets and distributions are kept confidential.

What are the cons of trusts?

However, there are also drawbacks to using a trust over probate. Creating a trust can be more complex and expensive than creating a will, and it requires ongoing management and administration. Additionally, assets must be properly titled in the name of the trust to avoid the need for probate. If assets are not properly titled, they may still need to go through probate, defeating the purpose of setting up the trust in the first place.

In summary, probate and trust are legal processes that allow for the transfer of assets to beneficiaries after a person passes away. While probate is a court-supervised process that can be time-consuming and expensive, a trust can provide greater flexibility, control, and privacy over the distribution of assets. However, creating and managing a trust can be complex and expensive, and assets must be properly titled to avoid the need for probate. It’s important to work with an experienced estate planning attorney to determine the best approach for your individual situation and to ensure that your legacy is protected.

If you have questions about probate, trusts, or estate planning in general, contact our office at (631) 518-3093 to discuss your options and take the first step toward protecting your legacy.

The estate planning and probate attorneys at Sheryll Law, P.C., can handle all your estate administration duties, beginning with inventorying the assets and ending with distributing property to the rightful beneficiaries. Our experienced legal team will ensure the estate is administered as seamlessly and stress-free as possible. Ready to secure your future and the future of your loved ones? Contact us at (631) 518-3093 or fill out our online form to schedule a consultation.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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(631) 518-3093