What happens if a Trust is not probated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if a Trust is not probated?
Asked on January 20, 2013 under Estate Planning, Texas
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.