There are several advantages to putting your house in a trust. For many Oklahoma homeowners, a house is their most valuable asset, so protecting it and making sure it passes smoothly to loved ones is a common estate planning goal. One of the most effective ways to accomplish this is by placing the home in a trust. But what exactly does this mean, and why do so many people choose this option?
What Is a Trust?
A trust is a legal arrangement where you (the grantor) transfer ownership of your property to a trustee, who manages it for the benefit of your chosen beneficiaries. When you place your house in a revocable living trust, you retain control during your lifetime and can make changes as needed. Upon your death, the trust distributes the property according to your instructions—without the need for probate.
Advantages of Putting Your House in a Trust
1. Avoiding Probate
One of the biggest benefits of placing your house in a trust is avoiding probate. Probate is the court-supervised process of distributing assets after someone passes away. It can be time-consuming, expensive, and public. A properly funded trust allows your house to transfer directly to your chosen beneficiaries without court involvement.
2. Maintaining Privacy
Probate records are public, meaning anyone can see what property you owned and who received it. A trust, however, is private. The details of your home and its transfer remain confidential.
3. Planning for Incapacity
A trust can include instructions for managing your home if you become incapacitated. Your successor trustee can step in to handle payments, maintenance, or even sell the property if necessary—without going through guardianship court proceedings.
4. Flexibility and Control
With a revocable living trust, you maintain control over your home during your lifetime. You can refinance, sell, or remove it from the trust at any time. After your death, the successor trustee follows your instructions exactly as you planned.
5. Reducing Family Conflict
Because trusts include clear instructions and avoid court oversight, they can reduce disagreements among heirs. This is particularly helpful when multiple family members might have competing interests regarding your home.
Does a Trust Protect Against Creditors or Taxes?
For most people, a revocable trust does not shield assets from creditors during their lifetime and does not reduce estate taxes by itself. If asset protection or tax reduction is your main goal, other trust types or legal strategies may be needed.
Is Putting Your House in a Trust Right for You?
Placing your house in a trust is a good idea if you want:
- A smooth transfer of property to loved ones.
- To avoid probate court delays and costs.
- Privacy and control over how your property is managed and distributed.
Because every situation is unique, you should consult with an estate planning attorney to ensure your trust is properly set up and funded.
Tulsa Estate Planning Attorneys
We help Oklahoma families create trusts that meet their unique needs. At Tulsa County Lawyers Group, we provide guidance that brings peace of mind. Get a free consultation from an estate planning attorney by calling 918.379.4864, or you can ask an online question by following this link.