Will a trust allow my heirs to avoid probate?

When you prepare a Trust and keep it up to date, it is probable that you will avoid the expense of probate. However, if you are not diligent in titling all of your property in the name of the trust, it may be necessary to have a probate proceeding even if you have a trust. You should note that simple trusts are frequently mass-marketed with scare tactics regarding the time and expense of probate. In Arizona, this marketing is somewhat misleading because you will spend as much to properly prepare and fund a trust as you will spend for the basic probate documentation.

Normally, it is advantages other than probate avoidance which justify creating a trust. (There are devices other than a trust which can be used to avoid probate.) There are costs associated with administering the affairs of a deceased individual regardless of whether there is a trust or a probate proceeding. These costs include investigating the affairs of the deceased, closing accounts and tax return preparation. Moreover, in some circumstances it can be necessary to have a probate proceeding even if you have a trust. For example, if your estate has a claim against a third party because of an accident or a claim regarding negligence in your medical care, it will be necessary to have a probate proceeding. Also, if your trust is poorly drafted or there is a dispute over its implementation, your beneficiaries will end up in probate court.