Okay, by now you are certainly sensing a theme…the answer again is “Maybe.” What is an often ENORMOUS hole in someone’s estate plan is the proper ‘funding’ of one’s trust. The concept of funding is retitling assets during your life into the name of your trust or naming the trust as a beneficiary. You can have the most impressive set of trust documents ever created, but that does not mean your assets have been properly funded or tied into that trust. If your assets remain in your individual name, with no beneficiary designation, then your assets will still have to pass through probate at your death. Typically, a trust plan will include a “Pour Over Will.” A Pour Over Will directs that the assets passing through probate and your estate be paid over to the trustee of your trust, and then distributed in accordance with the terms of your trust. Although the estate administration for this may be easier, it does not mean the estate or probate piece is eliminated. In order to avoid probate entirely, your assets must be retitled into the name of the trust or have proper beneficiary designations. If your trust is fully funded, then yes, you can avoid probate. I find that cars are often the one ‘hiccup’ when it comes to probate assets – as they are generally not recommended to be retitled into the trust and there is no ability to name a beneficiary. So, if the car is the only probate asset, then a probate will be necessary (but in Massachusetts, it is a very simple, quick, and inexpensive probate.)