Stuck in Probate? Usually It's a (Lack of) Trust Issue.

Written by Kirstin Hawthorne and Reviewed by Angie Spong, Attorney

Probate isn’t something most people think about until they have to. It’s a quiet, often-overlooked part of what happens after someone passes away, but it can have a big impact on the families and loved ones left behind. If you’ve never been through it, probate might seem like just another legal step in the process. But for those who have, the word can bring up memories of stress, delays, and complicated paperwork at a time when emotions are already running high.

At its core, probate is the legal process that takes place after someone dies. It’s designed to ensure that a person’s debts are paid and their assets are distributed, either according to their will or, if no will exists, according to state law. It sounds simple enough, but in practice, probate can be anything but.

The process begins by filing the will with the local probate court and requesting formal approval to begin administering the estate. From there, the court appoints an executor or administrator, usually a family member, to take charge. That person is responsible for identifying all of the deceased’s assets, notifying creditors, paying off any outstanding debts and taxes, and finally distributing what’s left to the heirs or beneficiaries. All of this happens under the court’s supervision, often with multiple filings, deadlines, and legal requirements that must be met.

It’s a lot to manage. Probate can take months or even years, especially if the estate is complex or if there are disputes. It can also be expensive. Court fees, attorney fees, and costs related to appraising assets and filing documents can eat away at the estate’s value. And because probate is a public process, all of this becomes part of the public record. That means your family’s financial and personal affairs (who gets what, how much they get, and when), are no longer private.

This is where a revocable living trust comes in and why so many people are choosing to create one. A trust is one of the most effective tools for minimizing the need for probate and, in many cases, avoiding much of it altogether. In North Carolina, even when a revocable trust is in place, a limited probate is often still necessary, particularly if real estate needs to be sold within two years of the decedent’s passing. That’s because publishing a Notice to Creditors is required in order to sell the property free and clear of potential claims, which triggers at least a minimal probate process. However, when a trust is involved, the probate process tends to be far less time-consuming, costly, or burdensome. A trust ensures the court’s role is limited, allowing the successor trustee to manage and distribute the assets efficiently while still addressing legal requirements to protect against creditor claims.

Because many assets are already held within the trust, your trustee can often step in immediately and begin carrying out your instructions. There are fewer court filings, fewer delays, and fewer legal expenses. Most importantly, the process remains private. Your family doesn’t have to worry about public disclosures or drawn-out court oversight.

That privacy and simplicity can make all the difference. Probate often adds pressure to an already emotional time, especially when family members are grieving and trying to make sense of what comes next. A trust gives you the power to protect them from that. It keeps things moving, keeps things private, and ensures that your wishes are followed with minimal court interference and added stress.

Probate might not be something we talk about often, but it is something that touches nearly every family eventually. And while the process is meant to protect people, it often creates more frustration than clarity. Taking the time to plan ahead, especially by creating a trust, can save your loved ones time, money, and heartache. It’s one of the most thoughtful things you can do for the people you care about.

So while probate is the legal process no one talks about, maybe it’s time we did. Because once you understand what it is, you can take the simple steps to reduce its impact and make sure that when the time comes, your legacy moves forward exactly the way you intended.