What Is a Revocable Trust in Real Estate?

A revocable trust is an estate planning tool that lets you hold real estate during your lifetime and transfer it to beneficiaries after death—without going through probate. Because it can be changed or revoked at any time, it offers flexibility while still providing control over your property.

Revocable Trust: Simple Definition

A revocable trust is a legal arrangement where you transfer real estate into a trust you control. You act as the trustee while alive, managing the property normally. After your death, the successor trustee distributes the real estate to your beneficiaries without court involvement.

Why People Use Revocable Trusts for Real Estate

Homeowners often use revocable trusts to:

  • Avoid probate and speed up inheritance.
  • Maintain privacy—trusts are not public record.
  • Keep control of their property during life.
  • Ensure smooth transfer to beneficiaries after death.
  • Prevent issues if they become incapacitated (trustee steps in).

For comparison, a will must go through probate, while a trust bypasses it entirely for property already titled in the trust.

How a Revocable Trust Works With Real Estate

To place property into a revocable trust, the homeowner signs a new deed transferring title from their name into the trust, such as:

“John Doe, Trustee of the John Doe Revocable Living Trust.”

The homeowner still manages, sells, or refinances the home normally. After death, the property passes according to the trust terms—handled by the successor trustee.

A revocable trust differs from an irrevocable trust, which cannot be easily changed and may offer asset-protection benefits.

Revocable Trust vs. Will for Real Estate

Both tools transfer real estate after death, but they differ significantly:

  • Revocable Trust: Avoids probate, provides privacy, immediate access for beneficiaries.
  • Will: Must go through probate, delays property transfer, becomes public record.

Many estate plans use both—a pour-over will transfers any assets not already in the trust into it at death.

Revocable Trust vs. Sole or Joint Ownership

Owning property in a trust is different from holding title individually or jointly:

  • Sole Ownership: Property passes through probate unless another tool is used.
  • Joint Tenancy: Automatically transfers to the surviving owner.
  • Tenants in Common: Shares pass according to a will or probate.

Revocable trusts offer more control and flexibility, especially when multiple beneficiaries are involved.

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