More Than Probate: Benefits of a Revocable Trust
- justin8918
- Apr 1
- 3 min read
Beyond Avoiding Probate: Lesser-Known Benefits of a Revocable Trust
By Justin J. Wall, Esq.
Trusts & Estates Attorney
Utah and Arizona
Most people associate revocable living trusts with one major benefit: avoiding probate. And that’s absolutely true. A properly funded trust can keep your estate out of the courts and in the hands of the people you’ve chosen to manage it. But what many families don’t realize is that avoiding probate is just the beginning.
If you're building an estate plan in Cache County—or anywhere else in Utah or Arizona—it’s worth knowing what else a revocable trust can do. Because in many cases, it's not just about how your assets transfer, but also when, to whom, and under what conditions.
A few examples:
Planning for Incapacity—Not Just Death
One of the most overlooked features of a revocable living trust is its ability to provide built-in protection during your lifetime—not just after you pass away.
If you become incapacitated due to illness, accident, or cognitive decline, your successor trustee can step in and manage the trust assets without needing a court-appointed guardian or conservator. That means your spouse or children won’t have to petition the court, get medical affidavits, or fight over control. The trust simply continues to operate, with someone you chose already in place.
This kind of planning is especially valuable for married couples, aging individuals, or anyone with a family history of Alzheimer’s or dementia.
Privacy and Discretion for Your Family
Unlike a will, which becomes public during probate, a trust is a private document. That means your assets, debts, beneficiaries, and distributions never become part of the public record. In most cases, only your trustee and named beneficiaries even see the details.
This can be critical if:
You’re leaving unequal distributions to children or stepchildren
You want to provide for someone discreetly (e.g., a child with special needs or a long-time caregiver)
You simply value your family's privacy
No courthouse. No online records. No unnecessary drama.
Timing and Control After Death
Probate distributes assets according to a fixed legal timeline. But what if your beneficiary isn’t ready to inherit?
A trust allows you to set terms for distributions:
Delay inheritance until the beneficiary reaches a certain age
Spread distributions over time
Provide ongoing support for a spouse or dependent
Keep assets in trust to protect from divorce, lawsuits, or bad financial decisions
This is where a trust gives you long-term control—something a will or joint ownership cannot do.
Keeping Multi-State Property Out of Trouble
If you own real estate in more than one state—say a primary residence in Utah and a cabin in Idaho—your estate may require multiple probate proceedings unless those properties are placed in trust.
By titling your out-of-state assets in the name of your trust, you eliminate the need for "ancillary probate" and make it far easier for your successor trustee to manage everything seamlessly.
A revocable trust is about more than avoiding probate—it's about building a plan that actually works in the real world. It protects your family from delays, disputes, and legal red tape, while giving you more flexibility and peace of mind.
If you're unsure whether a trust is right for your family, schedule a consultation. Together, we’ll look beyond the basics and create a plan that fits your life—not just your paperwork.
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