During probate, it must be proven in court that the person’s Will is valid, their property must be inventoried and appraised, taxes and debts must be paid (as well as the lawyers and court fees), and then the remaining property is distributed among the heirs and beneficiaries. Probate becomes a matter of public record at the time of the individual’s death.
Benefits of a Living Trust
Living Trusts bypass probate, since technically assets you put in a trust are owned by the trustee, not you, so on your death the trustee can transfer your property and assets directly to your beneficiaries. You can also use trusts to give away gifts while you are alive.
Benefits of a Will
Most states allow a certain amount of property to be passed on either without probate or through a simplified probate; furthermore, property left to a spouse can be transferred in a simple manner.
References:
Rocket, L. (2020). Avoiding Probate – Wills vs. Living Trusts. Retrieved September 01, 2020, from https://www.rocketlawyer.com/article/avoiding-probate-wills-vs-living-trusts.rl