If there is a living trust and a will, do you still have to go through probate?

If there is a living trust and a will, do you still have to go through probate?


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Madison Smith
Assistant at Parklin Law

A living trust is a document you create in order to delineate the way in which you'd like your estate to be distributed after you die. It's like a will, but with some important distinctions that make it more flexible.

A living trust is revocable, which means that you can change it at any time before your death. If you have a living trust and a will, then your estate will be distributed according to the terms of your will, unless there's something in your trust that says otherwise. So if you've created a trust but haven't updated your will since then, then you're still going to need to go through probate in order to carry out the terms of your will after you pass away—unless there's something in your trust that says otherwise.

If you've updated both your living trust and your will, then when you die, everything left over will be distributed according to the terms of your trust unless there's something in it that says otherwise—and if there isn't, then under the terms of the law, it will be distributed according to the order established by state law.

If you have any questions or in need a Living Trust and Will Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.

We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More

Parklin Law - Estate Planning

5772 W 8030 S, # N206

West Jordan UT 84081

(801) 618-0699

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https://www.parklinlaw.com/
Parklin Law
Estate Planning Attorney in West Jordan
https://parkin-law.business.site/

40.605070, -112.027530

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

Location: Garland, UT, USA

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