The most common reason for the average person to create a Trust is to avoid the Probate Court process. If someone passes with only a Will, then their assets and estate must be processed through the Probate Court. However, if a person incorporates a Revocable Trust into their estate plan, then they will have given themselves the ability to appoint their Successor Trustee to their Trust, which is very similar to appointing an Executor/Executrix of their Will, but unlike dying with only a Will, the Trustee is allowed to act immediately. This avoids the delay associated with waiting for the Court’s approval, which is the requirement when someone dies with only a Will.
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