You Have a Trust — But Could Probate Still Happen?

What to Review Each Year

Many people feel a sense of relief once their estate plan is complete. A revocable living trust is signed, documents are organized, and there is confidence that loved ones will be protected in the future.

But here’s a reality that often surprises families:

Having a trust does not automatically guarantee that probate will be avoided.

Over time, small gaps can develop between your trust and your real-life finances. Assets change, titles shift, and new accounts are opened. Without regular review, those gaps can create complications that may lead to probate, delays, or added stress for your family.

The good news is that a simple annual review can help keep everything aligned.

Let’s walk through what to look for.

Why Probate Can Still Happen — Even With a Trust

A trust only controls the assets that are properly connected to it. If something is left outside the trust, that asset may still pass through probate depending on how it is titled.

Some of the most common reasons probate occurs despite having a trust include:

• New bank or brokerage accounts opened outside the trust
  
• Real estate purchased without transferring title to the trust or an LLC
  
• Beneficiary designations that conflict with the plan
  
• Business interests that were never formally assigned
  
• Assets moved during refinancing or restructuring
  

Often, these issues are not intentional. Life simply evolves faster than documents do.

What to Review Each Year

Think of your trust as the framework and your assets as the moving parts. A yearly check-in helps ensure everything continues to work together.

1. Asset Titling and Ownership

Review how your major assets are held today:

• Real estate
  
• Investment accounts
  
• Bank accounts
  
• Business interests
  
• LLC memberships
  

Ask yourself:
Are these assets titled the same way they were when the trust was created?

If something changed due to refinancing, a new purchase, or account restructuring, it may need to be realigned.

2. New Assets Added Since Last Year

Many people create new accounts after their plan is signed. These are easy to overlook.

Examples include:

• New investment platforms
  
• High-yield savings accounts
  
• Cryptocurrency or digital assets
  
• Side businesses or consulting income
  

Even smaller accounts can create administrative challenges later if they are not coordinated with the plan.

3. Beneficiary Designations

Retirement accounts and life insurance typically pass by beneficiary designation, not through the trust itself.

Each year, confirm:

• Beneficiaries still match your wishes
  
• Designations align with your broader tax and family planning goals
  
• Contingent beneficiaries are updated
  

Outdated designations are one of the most common causes of unintended outcomes.

4. Trustee and Decision-Maker Roles

Your trustee, healthcare agents, and financial agents play a critical role if something happens.

During an annual review, consider:

• Are your chosen individuals still the right fit?
  
• Have relationships or circumstances changed?
  
• Does your successor trustee know where documents are stored?
  

Planning works best when the people involved understand their roles before they need to step in.

5. Life Changes That Impact the Plan

Even if your assets have not changed much, life circumstances may have.

You may want to revisit your plan if you have experienced:

• A move to a new state
  
• Marriage, divorce, or new family dynamics
  
• Children reaching adulthood
  
• Growth in business value or net worth
  
• Changes in tax law or exemption thresholds
  

These updates do not always require a full rewrite, but they often benefit from a professional review.

The Goal Is Alignment, Not Perfection

Estate planning is not a one-time event. It is a process that evolves as your life evolves.

An annual review is less about making dramatic changes and more about maintaining alignment between:

• Your trust documents
  
• Your asset structure
  
• Your long-term goals
  

When those pieces stay coordinated, your plan can work smoothly behind the scenes, providing clarity and support for your family when it matters most.

A Simple Next Step

If you already have a trust in place, setting aside time each year for a review can help ensure that probate risks stay low and your plan continues to reflect your intentions.

A thoughtful review allows you to ask questions, update details, and confirm that everything is positioned to work the way you expect.

Because ultimately, the goal of planning is not just having documents — it is creating confidence that your wishes will be carried out with clarity and care.