Why a Trust May Still End Up in Probate

Bellomo & Associates, LLC Encourages Families to Review Trust Funding to Help Avoid Unnecessary Probate

Estate planning firm explains why creating a trust is only the first step and highlights the importance of properly funding trust assets.

Bellomo & Associates, LLC is encouraging individuals and families to review whether their living trusts have been properly funded, noting that many estates still pass through probate despite having trust documents in place. The firm is raising awareness about one of the most common misconceptions in estate planning—that signing a trust automatically protects all assets from probate.

According to Bellomo & Associates, a trust can only control assets that have been properly transferred into its ownership. While many people complete the legal documents needed to establish a trust, they may never retitle real estate, financial accounts, or other eligible assets into the trust, leaving portions of the estate subject to probate.

Creating a Trust and Funding a Trust Are Two Different Steps

The firm explains that establishing a trust creates the legal framework for an estate plan, while funding the trust involves transferring ownership of appropriate assets into the trust’s name. Without that second step, the trust may exist legally but have little authority over the assets families expect it to manage.

Assets commonly coordinated with a trust may include:

• Real estate

• Bank accounts

• Brokerage and investment accounts

• Business interests

• Certain personal property

Other assets, including retirement accounts and life insurance policies, are generally coordinated through beneficiary designations rather than direct trust ownership.

Unfunded Trusts May Still Require Probate

Bellomo & Associates notes that one of the primary reasons individuals establish revocable living trusts is to reduce or avoid probate. However, if significant assets remain titled in an individual’s name at the time of death, probate proceedings may still be necessary to transfer ownership to beneficiaries.

Depending on the circumstances, probate may involve:

• Appointment of a personal representative

• Court oversight

• Creditor notifications

• Asset transfers

• Additional legal expenses

• Public court proceedings

The firm explains that many families are surprised to discover that having a trust binder alone does not necessarily prevent court involvement if the trust was never fully funded.

Incomplete Trust Funding Can Create Additional Challenges

Beyond probate, Bellomo & Associates explains that unfunded trusts may create complications during periods of incapacity. Properly funded revocable living trusts often allow successor trustees to manage trust-owned assets if the original trustee becomes unable to act. Assets remaining outside the trust, however, may require separate legal authority before financial decisions can be made.

The firm also notes that many estate plans include pour-over wills, which are designed to transfer remaining probate assets into a trust after death. While these documents serve an important purpose, they generally do not eliminate the probate process itself for assets that were never transferred into the trust during the owner’s lifetime.

Regular Estate Plan Reviews Help Keep Trusts Current

Bellomo & Associates encourages families to view estate planning as an ongoing process rather than a one-time event. Purchasing new property, opening financial accounts, starting a business, relocating, or experiencing other major life changes may require updates to trust funding and related estate planning documents.

Periodic reviews may help families:

• Verify asset ownership

• Update beneficiary designations

• Coordinate newly acquired assets

• Confirm trust funding

• Keep estate plans aligned with current family circumstances

The firm emphasizes that regular reviews can help reduce unnecessary legal complications while ensuring estate plans continue to reflect a family’s intentions.

Company Encourages Families to Verify That Their Plans Will Function as Intended

“Many families believe signing a trust means every part of their estate plan is complete,” said a spokesperson for Bellomo & Associates, LLC. “In reality, properly funding the trust is what allows those documents to function as intended. Reviewing an estate plan periodically can help families avoid unnecessary probate and provide greater clarity when it matters most.”

Bellomo & Associates encourages individuals to periodically review their estate plans and trust funding to help ensure their legal documents continue protecting their families as circumstances change over time.

About Bellomo & Associates, LLC

Bellomo & Associates, LLC is an elder law and estate planning firm serving individuals and families throughout Pennsylvania. The firm provides estate planning, Medicaid planning, asset protection, probate and trust administration, special needs planning, and elder law services designed to help clients protect their assets, preserve their legacy, and prepare confidently for the future.

Contact Information:

Bellomo & Associates, LLC

3198 E Market Street
York, PA 17402
United States

Jeffrey Bellomo
(717) 220-8726
https://bellomoassociates.com/