As estate planning attorneys serving Gloucester, Rockport, Manchester by the Sea, Beverly, and across the North Shore, we are frequently asked whether a revocable living trust guarantees that a family will not face probate in Massachusetts. While trusts are powerful tools, the answer is more nuanced. A properly funded revocable trust can help your loved ones avoid probate for most, if not all, of your estate. However, if assets are not transferred into the trust during your lifetime, probate may still be required under Massachusetts law.

A revocable trust allows you to maintain control over your assets while you are alive, with the flexibility to amend or revoke it as your circumstances change. Upon your death, the trust becomes irrevocable, and your chosen trustee distributes assets according to your instructions. Unlike probate, this process is private and generally faster. But the key to avoiding probate lies in funding the trust correctly, which means re-titling property and accounts into the trust’s name during your lifetime.

Massachusetts Probate And The Role Of Trusts

Probate is the court-supervised process of distributing a deceased person’s estate. In Massachusetts, probate is governed by the Massachusetts Uniform Probate Code (MUPC), codified in Massachusetts General Laws Chapter 190B. If someone passes away owning assets solely in their name, those assets typically must go through probate unless they qualify for simplified small estate procedures under M.G.L. c.190B, § 3-1201.

When assets are properly transferred into a revocable trust, they are no longer owned individually but by the trust. Because the trust continues to exist after death, those assets bypass the probate process. This is the primary reason many Massachusetts residents create revocable living trusts.

Why Funding The Trust Matters

Creating a trust is only the first step. If you fail to retitle bank accounts, real estate, or investment accounts into the name of the trust, those assets remain outside the trust and may still require probate. For example, if your home in Gloucester is not deeded into your trust, it will pass through probate unless other estate planning measures are in place.

We often prepare pour-over wills alongside revocable trusts. Under M.G.L. c.190B, § 2-511, pour-over provisions allow any assets left outside the trust at the time of death to be transferred into the trust through probate. While this ensures your plan is carried out, it does not eliminate probate for those assets.

Assets That Typically Avoid Probate Without A Trust

It is also important to understand that some assets avoid probate automatically, even without a trust. These include jointly owned property with rights of survivorship, accounts with transfer-on-death or payable-on-death designations, and certain retirement accounts with named beneficiaries. Still, a revocable trust provides a more comprehensive and controlled way to avoid probate and protect your family from unnecessary court involvement.

Why A Trust Alone May Not Be Enough

While a revocable living trust can minimize or eliminate probate, a trust alone cannot name guardians for minor children or handle certain personal matters. For that reason, a will remains necessary to complement your trust. The combination of a properly funded trust and a carefully drafted will creates a complete estate plan that reduces probate risks while covering essential legal requirements.

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Massachusetts Trust Frequently Asked Questions

Does Every Revocable Trust Avoid Probate In Massachusetts?
No. A revocable trust only avoids probate for assets that have been properly transferred into it. If property or accounts remain outside the trust, those assets may still require probate under Massachusetts law.

What Happens If I Forget To Transfer Assets Into My Trust?
If you die with assets left outside your trust, those assets may go through probate. A pour-over will can direct those assets into your trust, but it still requires court involvement.

Can Real Estate Be Transferred Into A Revocable Trust In Massachusetts?
Yes. Real estate can be deeded into a revocable trust. This is a common step in funding the trust and is particularly valuable in Massachusetts, where real estate often represents a significant portion of a family’s estate.

Do Bank Accounts Need To Be In The Trust To Avoid Probate?
Yes. If bank accounts remain in your personal name, they will generally need to be probated unless they have a joint owner or beneficiary designation. Retitling them into the trust avoids probate.

Is A Revocable Trust Private Compared To Probate?
Yes. Probate is a public process, while trust administration is private. This privacy is one of the main reasons families in Essex County use revocable trusts.

Can Retirement Accounts Be Placed In A Revocable Trust?
Usually, retirement accounts are not retitled in the name of a trust during life. Instead, you can name your trust as a beneficiary if that fits your overall plan. This decision should be made carefully to avoid adverse tax consequences.

What Happens If My Will And Trust Conflict?
If your will and trust contain inconsistent provisions, the outcome will depend on the circumstances and court interpretation. This is why coordinated drafting of both documents is essential.

Can A Revocable Trust Protect Against Creditors Or Long-Term Care Costs?
No. Because a revocable trust is still within your control, its assets remain available to your creditors and may be considered in long-term care planning. An irrevocable trust is needed for asset protection.

Is Probate Always Bad In Massachusetts?
Not necessarily. Probate can be time-consuming and public, but in some cases it may be straightforward. Still, most families prefer to avoid it when possible through proper trust funding.

Should I Have Both A Trust And A Will?
Yes. A revocable trust avoids probate for properly transferred assets, while a will ensures any assets outside the trust are handled correctly and allows you to name guardians for minor children.

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Call The Sullivan Firm P.C. For A Free Consultation

At The Sullivan Firm P.C., we help families throughout Gloucester, Rockport, Manchester by the Sea, Beverly, and the entire North Shore ensure that their estate plans are complete, enforceable, and effective. If you are considering a revocable living trust or want to confirm that your existing trust is properly funded, we can help protect your family from unnecessary probate and ensure your wishes are honored.

Call The Sullivan Firm P.C. today at 978-325-2721 for a free consultation. Our offices are conveniently located in Gloucester, Massachusetts, and we proudly serve clients across Essex County.