If fully moneyed, your revocable living trust avoids both probate, in your state of house when you pass away, and secondary probate, in any other state where you own property. If you do not money your trust, it will NOT avoid probate anywhere.
The term “secondary probate” is used to explain probate in a state other than the state of your last home. If you own a home in Florida in your individual name, however you live and die in New York, secondary probate will be held in Florida and probate will be held in New York.
Ancillary probate implies 2 legal representatives (one accredited in each state), two courts and 2 administrators or administrators (one in each state), 2 sets of fees, and, possibly, even 2 different sets of beneficiaries (if state intestacy laws apply.)
You can absolutely avoid probate and secondary probate with a fully funded revocable living trust. “Totally funded” implies that all of your possessions have been funded, or transferred, into the trust.
Non-retirement properties with titles have the titles changed to the name of the trust. Brad Pitt’s bank account would not stay in his name, Brad Pitt, however rather would be transferred to the name of his trust, Brad Pitt, Sole Trustee, or his followers in trust, under the Brad Pitt Living Trust, dated June 3, 2011.
In addition, Brad Pitt’s retirement properties, life insurance, and annuities would not name Angelina Jolie as the beneficiary, but instead would name Brad’s trust, Brad Pitt, Sole Trustee, or his successors in trust, under the Brad Pitt Living Trust, dated June 3, 2011. This method, all properties would be managed by the provisions in the trust.
Assets that typically cause secondary probate are time shares, trip houses, condos, and any personal property such as furnishings and cars and trucks owned in another state.
If you wish to prevent probate and supplementary probate, make sure that your revocable living trust is fully funded and talk to a certified estate planning lawyer.