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A trust is a great way to avoid probate

Securing assets and a ensuring a better future for loved ones are main incentives for estate planning in California. One of the most efficient ways to control assets is through a trust. Arguably the main advantage of a trust is the ability to avoid probate. Probate is basically the settling of an estate, and if assets are not secured upon death, they will most likely have to pass through the probate process.

This is a lengthy and expensive process that can take months and, in some cases, years to complete. The laws surrounding probate vary from state to state but, on average, the process of probate usually takes anywhere from six to nine months. Also, everything that passes through probate is made a part of the public record, so anyone can look up the details of assets.

The most common and effective way to avoid probate is with a living trust. Like a will, a living trust details the what is to happen with specified assets. However, a will only becomes effective in the event of death. A living trust allows assets to bypass probate and enables a successor trustee to carry out the instructions in the trust in the event of death or incapacitation. With a trust, assets can be passed straight to beneficiaries without being probated and privacy can be protected.

Contrary to popular belief, estate planning does not have to be confusing or time-consuming. California families who have questions regarding probate or any aspect of estate planning may want to consider discussions with a legal representative. An experienced and knowledgeable attorney could provide guidance for families wanting to secure assets and implement a plan for their future.

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The Law Office of Araceli Tovar, APC

251 Madrona St.
Chula Vista, CA 91910

Phone: 619-869-4200
Fax: 619-869-4202
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