You paid an attorney to create a trust. You have the signed document in your filing cabinet. You feel good knowing your family will avoid probate.
But here’s the hard truth: if you never funded the trust, it’s not doing anything.
A trust document by itself doesn’t avoid probate. Only assets actually titled in the trust’s name avoid probate.
*This is not a substitute for legal advice-I am not an attorney, information is for education only. This information was current as of 2-2026, if you have specific questions consult your attorney.*
The Basket Analogy
Think of your trust like a basket. Creating the trust document is like buying the basket. But if you never put anything IN the basket, what good is it?
The trust document is just instructions. Those instructions only apply to assets that are owned by the trust.
What Needs to Be in Your Trust
For an asset to avoid probate, it must be titled in the trust’s name.
Real Estate
Your property deed must be changed to show the trust as owner. This means:
- Preparing a new deed
- Recording it with the county recorder’s office
- Paying any required fees
Check right now: Pull up your county auditor’s website and look up your property. Does it show the trust as owner, or does it still show your personal name?
Bank Accounts
The account must be retitled in the trust’s name. You can’t just write “trust” in the memo line—the bank needs official paperwork.
Contact your bank and ask them to retitle the account. They’ll have forms for this.
Check your statements: Does it say “John Smith Trust dated 1/1/2020” or just “John Smith”?
Investment Accounts
Brokerage accounts, stocks, bonds, mutual funds—all must be retitled in the trust’s name.
Contact your financial advisor or the investment company directly.
Business Interests
If you own a business, LLC, or partnership interest, those ownership documents need to reflect the trust as owner.
Work with your attorney on this one—business transfers can be complex.
Vehicles and Boats
In Ohio, you can either:
- Transfer title to the trust (new title from BMV)
- Use a Transfer on Death (TOD) designation on the title
For most people, the TOD option is simpler for vehicles.
What Should NOT Be in Your Trust
Retirement Accounts
NEVER make your trust the owner of retirement accounts. This creates a massive tax problem.
Instead, name beneficiaries on these accounts:
- 401(k)s
- IRAs
- Roth IRAs
- Pension plans
The trust can be a beneficiary, but it should NOT be the account owner.
Life Insurance
Same rule—name beneficiaries, don’t make the trust the policy owner (unless there’s a specific estate planning reason your attorney recommends).
POD and TOD Accounts
Payable on Death (POD) and Transfer on Death (TOD) accounts already avoid probate on their own. You can leave these in your personal name with beneficiaries listed.
Joint Property with Survivorship Rights
If you own property jointly with right of survivorship, it automatically passes to the surviving owner. No trust needed for that property.
The Pour-Over Will Trap
Many people have “pour-over wills” that say “anything not in my trust goes to my trust when I die.”
They think this means forgotten assets still avoid probate.
Wrong.
Those forgotten assets still go through probate FIRST, then pour into the trust. The pour-over will is a safety net, not a substitute for proper funding.
Annual Trust Checkup
Set a reminder to check your trust funding every year:
Review your bank statements – Is the trust name on them?
Look up your property deed – Is the trust listed as owner?
Check investment statements – Does the trust name appear?
Verify beneficiary designations – Are they current and correct?
Common Funding Mistakes
Mistake #1: Creating the Trust But Never Funding It
This is the #1 problem I see. The trust document sits in a drawer while all assets remain in personal names.
Mistake #2: Funding Some Assets But Not Others
You transferred the house but forgot about the rental property. Or moved the bank accounts but not the investment accounts.
Mistake #3: Buying New Assets in Personal Name
You funded the trust five years ago, but since then you’ve opened new bank accounts, bought a new car, or purchased a new property—all in your personal name.
Mistake #4: Refinancing Property Back Into Personal Name
You refinanced your mortgage and the lender required the property to be in your personal name. You meant to transfer it back to the trust after closing but forgot.
Mistake #5: Outdated Beneficiary Designations
Your ex-spouse is still listed as beneficiary on your life insurance from 15 years ago.
Mistake #6: Putting Retirement Accounts IN the Trust
This creates immediate or future tax consequences. Retirement accounts should have beneficiaries, not be owned by the trust.
When to Update Your Trust Funding
Review and update your trust funding when:
- You buy or sell real estate
- You open new bank or investment accounts
- You move to a different state
- You get married, divorced, or widowed
- You have new children or grandchildren
- A beneficiary dies
- Your financial situation changes significantly
- Every 3-5 years minimum
Get the Complete Guide
My “Is Your Trust Actually Avoiding Probate?” guide includes:
- Complete funding checklist
- Asset-by-asset instructions
- Common mistakes to avoid
- Annual review worksheet
- When to get attorney help
To receive your free copy:
📧 Email: danielle@swohio.homes
📱 Call or Text: 513.628.2880
Don’t let an unfunded trust create probate headaches for your family. Get this right while you can.
**I am not an attorney, I am Probate Certified, and a Licensed Real Estate Professional with Plum Tree Realty.