Are inter vivos trusts a good way to avoid probate?
If all of the trustor’s assets are transferred to an inter vivos trust, those assets are not part of the trustor’s probate estate at the trustor’s death. The trust assets would pass as provided for by the trustor in the trust agreement to designated persons outside of the probate process. In those states with cumbersome and costly estate administration procedures, using an inter vivos trust to transfer the trustor’s assets would provide a significant benefit. However, because of Texas’ independent administration rules, there are no significant advantages to using inter vivos trusts to avoid probate.
