How will a debt collector know if a living trust exists if there is no probate?
How will a debt collector know if a living trust exists if there is no probate? Tim Cella I am not an attorney. I know some law. Real Estate Broker Usually a debt collector won’t know if a living trust exists. Trusts are private documents and only disclosed sometimes. If trusts are set up properly they are never submitted to probate court (at least in the State of Utah). A living trust can be an especially useful estate planning tool in an era where people are living longer and longer. If you're concerned about how to pass on your assets after you're gone, a living trust can help make the process easier on your loved ones, who won't have to deal with the red tape of probate. But what happens if you've gone through a living trust but are still very much alive? How will a debt collector know how to collect when there's no probate? They will send letters and attempt to communicate with the next of kin. Or they will sue the estate of the deceased. Your best next step ...