Does a Trust Go Through Probate?
One of the main benefits of a trust is avoiding probate — but there are important exceptions.
Does a Trust Go Through Probate?: Assets properly funded into a living trust do not go through probate. However, if the trust was never funded (assets weren’t retitled into the trust), or if the estate includes a pour-over will, some or all assets may still require probate.
Usually no — but not always
Assets properly held in a revocable living trust do not go through probate. The successor trustee distributes assets according to the trust terms without court involvement. There's no public filing, no hearings, and no probate fees.
When a trust doesn't avoid probate
Unfunded trusts. A trust only controls assets transferred into it. If assets were never retitled into the trust's name, they must go through probate. This is surprisingly common.
Assets acquired later. Property or accounts opened after the trust was created but never titled in the trust go through probate.
Pour-over will. Many trust plans include a pour-over will that catches stray assets — but those assets still go through probate first.
Trust administration vs. probate
Even without probate, the successor trustee must inventory assets, notify beneficiaries, pay debts and taxes, and distribute assets. This typically takes 3-12 months — faster than probate, but not immediate.
Advances on trust distributions
Yes, inheritance advances can work with trust distributions as well as probate estates. Call (800) 617-7260 to discuss your situation.
Key takeaway: A trust only avoids probate for assets actually transferred into it. Unfunded trusts — where assets were never retitled — still require probate for those overlooked assets.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. No attorney-client relationship is formed by your use of this website or by any communication with First Heritage Funding or its employees. Although members of our team are licensed attorneys, First Heritage Funding is an inheritance advance company, not a law firm, and does not provide legal representation or legal services. Nothing on this website should be relied upon as a substitute for professional legal or financial counsel. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. You should not act or refrain from acting based on information on this site without first consulting a qualified attorney or financial advisor in your jurisdiction.
Frequently Asked Questions
Typically 3-12 months, depending on complexity, real estate, and how quickly the trustee acts.
A trustee must follow the trust terms. If you're owed a distribution, you can petition the court to compel action.
You can challenge the trust in court. Similar to a will contest but may be more difficult.
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