What Happens If You Don’t Have a Living Trust? The Court May Decide for You

A living trust is one of the most powerful tools you can use to protect your assets and loved ones. It allows your wishes to be carried out smoothly if you become incapacitated or after you pass away. But what happens if you don’t have one? The answer can be unsettling—without a living trust, you lose control over who manages your affairs, and the court steps in to make those crucial decisions on your behalf.

When You’re Incapacitated Without a Living Trust

If you become unable to make financial or medical decisions due to illness, injury, or aging, and you don’t have a living trust, your family may have to petition the court for guardianship or conservatorship. This process can be lengthy, expensive, and emotionally draining.
During this time, the court—not your family—decides who will handle your assets and healthcare choices. Even if your loved ones know your wishes, the appointed conservator may not be the person you would have chosen. In some cases, the court may assign a stranger to manage your estate.

After You Pass Away: Probate Takes Over

Without a living trust, your estate automatically goes through probate, a court-supervised process that distributes your assets according to your will—or state laws if you didn’t leave one. Probate can take months, even years, tying up property and funds your family might need right away.
During probate, all of your financial details become public record, and exorbitant legal fees and court costs can reduce your estate’s value. A properly drafted living trust helps you avoid probate entirely, ensuring that your heirs receive their inheritance quickly and privately.

Why a Living Trust Gives You Peace of Mind

Unlike a will, a living trust goes into effect while you’re still alive. It lets you name a successor trustee to immediately step in and manage your affairs if you’re incapacitated—without any court involvement. This guarantees that your finances, medical decisions, and property are handled exactly as you wish.

In short, a living trust keeps control in your hands—not the court’s. It protects your family from stress, delays, and public scrutiny, while giving you confidence that your legacy will be managed according to your intentions.