Select Page

How do Revocable Trusts Effect Probate?

Jun 29, 2020

If the decedent had established what is commonly referred to as a “Revocable Trust,” a “Living Trust,” or a “Revocable Living Trust,” in certain circumstances, the trustee may be required to pay expenses of administration of the decedent’s probate estate, enforceable claims of the decedent’s creditors and any federal estate taxes payable from the trust assets.

The trustee of such a trust is always required to file a “Notice of Trust” with the clerk of court  in the county in which the decedent resided at the time of the decedent’s death. The notice of trust gives information concerning the identity of the decedent as the grantor or settlor of the trust, and the current trustee of the trust. The purpose of the notice of trust is to make the decedent’s creditors aware of the existence of the trust and of their rights to enforce their claims against the trust assets.

All of the tasks that must be performed by a personal representative in connection with the administration of a probate estate must also be performed by the trustee of a revocable trust, though the trustee generally will not need to file the same documents with the clerk of the court. Furthermore, if a probate proceeding is not commenced, the assets making up the decedent’s revocable trust, in some states, are subject to a two-year creditor’s claim period (the time period varies state-to-state), rather than the common three-month non-claim period available to a personal representative or executor.

The assets in the decedent’s revocable trust are part of the gross estate for purposes of determining federal estate tax liability.

***Disclaimer*** – The information contained in this site is intended for informational purposes only, and should not be relied upon as legal or tax advice. The Trusting Co. is not a law firm and does not give legal advice.

Pin It on Pinterest