Where there is a will, there is a probate! One way to avoid probate is to use a revocable living trust. If a person dies, leaving just a will, it will have to go through a formal court proceeding called probate. Probate takes time and costs money, but the biggest problem is that your loved ones have to deal with courts and attorneys. Once you set up a living trust, you title your assets in it so that when you die, the assets do not need to go through probate.