How a Trust Can Help You Avoid Probate and Protect Your Assets

While many people think estate planning begins and ends with a will, a trust can offer significantly more control over how your assets are managed and distributed. In Oregon and Washington, revocable living trusts are common tools for families seeking privacy, efficiency, and flexibility—especially when avoiding probate is a goal.

This article provides a high-level overview of how trusts work, who they’re right for, and how they can complement a broader estate plan.

What Is a Trust?

A trust is a legal arrangement that lets one person (the trustee) manage assets for the benefit of another (the beneficiary). The person who creates the trust is called the grantor.

In a revocable living trust, you usually serve as your own trustee while you’re alive and well. You maintain full control and can modify or revoke the trust at any time.

When you pass away or become incapacitated, the trust document names a successor trustee who takes over management of the assets.

Key Benefits of a Revocable Living Trust

• Avoids probate for assets titled in the trust’s name
• Maintains privacy, since trusts aren’t public like wills
• Ensures continuity in the event of incapacity
• Provides flexibility for blended families, charitable giving, or spendthrift heirs
• Can hold out-of-state property without needing separate probate proceedings

Trusts are especially helpful for those with larger estates, complex family dynamics, or property in multiple states.

What a Trust Doesn’t Do

• It does not protect assets from nursing home costs or creditors (for that, you’d need an irrevocable trust or Medicaid planning).
• It does not reduce estate taxes unless specifically designed to do so.
• It must be properly funded—that is, assets must be retitled into the trust.

Simply creating a trust and leaving your assets outside of it won’t accomplish your goals.

Learn More

To see how trusts can fit into your estate plan, visit our Trusts practice area page.