How does a revocable living trust avoid probate?
A revocable living trust can avoid probate because the transfer of title is done outside of the court system. When you go to court, that’s when a probate is opened. Now even if you have a revocable living trust, you may still need to open a probate case to file what’s called a notice of that trust. And any kind of will that’s on file as well. But most of the time, when the revocable living trust is in place, you can avoid probate. However, in order to truly avoid probate, you need to have that trust funded, which means you need to physically transfer title of those assets to the name of the trust before you die.