Probate: What It Is and Why You Want to Avoid It
When someone passes away, their estate often goes through a legal process called probate. This court-supervised process involves validating the will, paying debts, and distributing assets to heirs. Sounds simple—but in reality, probate can take months or even years, cost thousands in legal fees, and tie up access to assets your family may need immediately.
One of the best ways to sidestep this process is by creating a revocable living trust. It allows your assets to transfer directly to your beneficiaries without court interference.
What Is a Living Trust?
A living trust is a legal entity you create while you’re alive to hold and manage your assets. You name yourself as the trustee and retain full control during your lifetime. You also name a successor trustee who takes over when you pass or become incapacitated.
Key features of a living trust:
- It’s revocable—you can make changes or cancel it at any time.
- It holds title to your assets (home, accounts, investments).
- It bypasses probate entirely, allowing your trustee to distribute assets immediately.
It doesn’t limit your access to your assets during your life—you can sell, spend, and manage everything as you normally would.
Benefits of Avoiding Probate
Skipping probate doesn’t just save time. It also saves money and keeps your affairs private. Here’s what avoiding probate offers:
- Faster Distribution – Assets can be transferred to heirs within weeks instead of months or years.
- Lower Costs – Avoid legal fees, court costs, and executor expenses.
- Privacy – Probate is public. A living trust keeps your asset details and wishes confidential.
- Less Stress for Loved Ones – A clear, ready-to-execute plan reduces confusion, disputes, and delays.
In short, it lets your family grieve without having to navigate a maze of red tape.
Which Assets Can Go Into a Trust?
Most types of property can be transferred into a living trust, including:
- Real estate (primary home, vacation properties, rental homes)
- Bank accounts
- Investment accounts
- Business interests
- Personal property
- Digital assets
Assets with named beneficiaries (like life insurance or IRAs) don’t need to go into the trust, but your overall estate plan should coordinate all accounts to avoid overlap or conflicts.
Common Misconceptions About Trusts
“I don’t have enough assets to need a trust.”
Even modest estates can benefit from a trust—especially if you own real estate, have blended family dynamics, or want to keep things private.
“It’s too complicated.”
At MB Wealth Advisors, we use a digital platform that makes the process simple, guided, and fast. You don’t need to figure it out alone.
“I already have a will.”
A will still goes through probate. A trust avoids it. The two work together, but they are not interchangeable.
Trusts Offer More Control Than Wills
With a living trust, you can customize how and when your assets are distributed. Want to delay inheritance until your children reach a certain age? Want to provide gradual distributions instead of a lump sum? A trust makes it possible.
You can also use trusts to:
- Set rules for spending (education, housing, healthcare)
- Protect beneficiaries from creditors or divorce
- Provide for a special needs family member
It’s not just about distribution—it’s about creating a structure that protects your legacy.
What Happens If You’re Incapacitated?
Another benefit of a living trust is that it helps if you’re ever unable to manage your affairs. Your successor trustee can step in immediately—no court intervention needed.
This ensures bills are paid, investments are managed, and your family can act without delay.
Getting Started Is Easier Than You Think
At MB Wealth Advisors, we offer a modern, attorney-approved process that allows you to create your trust quickly, affordably, and with complete legal validity. You’ll be guided every step of the way and can make updates as your life changes.
Our platform gives you the benefits of working with a professional—without the traditional legal fees or office visits.
Peace of Mind Starts With a Plan
A living trust is one of the most powerful tools in estate planning. It gives you control, protects your privacy, avoids court delays, and makes life easier for your family.
Let us help you get your plan in place.
Visit our Estate Planning Services or call (704) 584-9363 to speak with someone today. You can also request more info through our secure contact form at mbwealthadvisors.com/contact/#connect.