Living Trust

People who wish to avoid the probate process altogether can do so through a living trust. Also known as an "inter vios" trust, this allows for the document to be made while a person is still alive. A living trust essentially gets rid of the need for a new trust to be made after a person has passed away. Perhaps its biggest benefit is the fact that the court supervision necessary in the execution of probate will not be needed because there is no probate.

Establishing a living trust is a bit more complicated than making awill, but it can still be accomplished quickly and easily with the help of a probate lawyer. Any property that you acquire or leave out of your living trust will need to be documented in a separate will. In fact, even if you do not exempt anything from the living trust it is still good measure to create a will. It can act as a security blanket that allows you to rest assured that on the off-chance that anything goes astray the will is always there to default to.