What happens if a Trust is not probated?

A trust is not subject to probate.  A trust is a private document that is administered privately, without court involvement.  Some states, such as Florida, require that a person's will be filed in the probate court within 10 days of death and that a Notice of Trust Administration be filed in the probate court.  However, these are merely notices; they do not open a probate estate.

There may be circumstances under which a spouse or creditor could claim assets that are given to someone else in a trust.  If this is a possibility with your trust, you should consult a trust lawyer in your area to advise you.