When a loved one passes away, emotions run high—and the last thing a grieving family needs is a complex, time-consuming legal process. Unfortunately, that’s exactly what probate can become: an expensive, public, and often frustrating ordeal.
But there’s good news: with the right planning, probate can be largely or entirely avoided. One of the most effective tools in estate planning to do that? A revocable living trust.
At Generations Legal Group, we help Arkansas families use trusts to simplify their estate plans, protect their privacy, and spare their loved ones from unnecessary delays and costs.
What Is Probate?
Probate is the legal process of validating a will, settling debts, and distributing a deceased person’s assets under court supervision. While that may sound simple, in practice it often means:
- Delays (often 6–12 months or more)
- Court and attorney fees
- Public disclosure of your estate details
- Family disputes if the process isn’t handled carefully
In Arkansas, even relatively modest estates can trigger probate, especially when assets like real estate or investment accounts are involved.
How Trusts Help You Avoid Probate
A revocable living trust is a legal entity you create during your lifetime to hold and manage your assets. You serve as the trustee and beneficiary while you’re alive and competent. Upon your death or incapacity, your successor trustee steps in to manage or distribute the assets—without court intervention.
Here’s how that helps:
Assets in a trust don’t go through probate
Because the trust—not you personally—owns the assets, there’s no need for court oversight to transfer them. Everything is handled privately and efficiently by your trustee.
Distributions happen faster
Trusts allow your successor trustee to distribute funds to your heirs immediately or on a schedule you define—often within weeks, not months or years.
You save money
While there is some upfront cost to creating a trust, avoiding probate can save thousands of dollars in legal fees, court costs, and executor commissions.
Privacy is preserved
Probate records are public. A trust allows your estate to remain private and discreet, away from public view and potential challenges.
Better control over your legacy
You can set rules within the trust—such as delaying distributions to young heirs or protecting assets from creditors or divorce.
Not All Assets Avoid Probate Automatically
Many people assume that naming beneficiaries on their accounts is enough to avoid probate. While tools like:
- Payable-on-death (POD) designations
- Transfer-on-death (TOD) deeds
- Joint ownership with rights of survivorship
...can be useful, and many of our clients with simple estates and simple distribution plans use this method. (most attorneys don't discuss this because it is free to do) However, many clients choose a trust because these plans don’t offer the comprehensive protection and flexibility of a trust. And if beneficiaries pass away, forget to update forms, or leave minors as heirs, things can still end up in probate.
A trust provides a single, centralized plan that keeps everything organized—no surprises, no scattered documents, and no legal limbo.
What If I Already Have a Will?
A will alone does not avoid probate—in fact, it guarantees it. A will is essentially a letter to the probate court explaining your wishes. You still need the court to interpret and enforce it.
By contrast, a trust operates outside of probate, carrying out your wishes efficiently and privately.
We Make It Simple
At Generations Legal Group, we:
- Design trusts tailored to your goals and family structure
- Help you fund the trust by retitling assets properly (a step many DIY plans miss)
- Coordinate your trust with your POAs, healthcare directives, and beneficiary designations
- Provide guidance for your successor trustee, so they’re ready when the time comes
Whether you’re just starting your estate planning or updating old documents, a trust might be the missing piece that ensures your loved ones are cared for—without jumping through legal hoops.
Ready to Take the Next Step?
Call us today at 479-601-4119 to schedule a consultation. Let’s talk about whether a trust is right for you, and how we can help you keep your estate out of court and in the hands of your family.
Avoid probate. Preserve your legacy. Make life easier for your loved ones. That’s what smart estate planning is all about.
H. Todd Whatley, CELA*, LLM Elder Law
Owner, Generations Legal Group and The Elder Law Coach
Email: Todd@GenerationsLegalGroup.com
479-601-4119
2701 SE J St., Suite 109, Bentonville, AR 72712
Podcast for Seniors and their families.
*As certified by the National Elder Law Foundation, an ABA-approved organization for certification.
