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? 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 distribu...