Does a Living Trust Avoid Probate Entirely?

Usually yes, for the assets the trust actually holds. If the home was properly deeded into a revocable living trust during the owner's life, the successor trustee can manage and sell it without opening probate. This is the main reason people set up trusts.

The common trap: an unfunded trust

Problems arise when a trust exists on paper but the home was never actually transferred into it, or a later-purchased property was left out. An asset still titled in the individual's name may require probate even though a trust document exists. A pour-over will and a Heggstad petition sometimes bridge the gap. If you are unsure whether the home was truly in the trust, check the vesting on the current deed. We can help you read it and point you to the right attorney if a filing is needed.