A properly funded revocable living trust is the most effective way to protect your family from Alabama probate court — keeping your estate private, your assets accessible, and your wishes honored. Serving Birmingham, Mountain Brook, Hoover, and across Alabama.
Schedule a Consultation Call (205) 202-9801A revocable living trust is one of the most powerful estate planning tools available to Alabama families — and one of the most misunderstood. At Colvin & Sawyer Law Offices, we help families across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and throughout Alabama establish properly drafted and funded living trusts that protect their assets, their privacy, and their loved ones.
"A will tells Alabama probate court what to do with your assets. A living trust tells the court nothing — because it never gets involved. That is the fundamental difference."
A revocable living trust is a legal entity you create during your lifetime to hold your assets. You are typically the trustee of your own trust — maintaining complete control, the ability to buy and sell property, and the right to amend or revoke at any time. You name a successor trustee who takes over if you become incapacitated, and distributes assets to your named beneficiaries after your death — all without Alabama probate court.
Here is how a revocable living trust compares to a will across the factors that matter most to Alabama families:
| Factor | Living Trust | Will |
|---|---|---|
| Probate | Avoids Alabama probate entirely | Must go through probate |
| Timeline | Distributes in weeks | 6 months to 2+ years |
| Privacy | Stays completely private | Becomes a public court record |
| Incapacity Protection | Successor trustee manages assets, no court | Only takes effect at death |
| Upfront Cost | Higher to set up and fund | Lower upfront cost |
| Cost Over Time | Saves 2–5% of estate in probate costs | Probate fees reduce the estate |
| Names Guardians for Minor Children | No — requires a pour-over will | Yes |
For the full comparison, read: Living Trust vs. Will in Alabama: Which Is Right for Your Family?
A comprehensive, legally sound revocable living trust tailored to your family — including distribution wishes, successor trustee designations, and any special provisions needed.
A trust that is not funded does not work. We guide you through transferring assets into the trust — the critical step most DIY trust documents skip entirely.
Every trust is paired with a pour-over will — a safety net that captures any assets accidentally left outside the trust and directs them into it at death.
Life changes — and your trust should too. We handle amendments for life changes and full restatements when more significant updates are needed.
When you step in as successor trustee after a loved one passes, we guide you through every duty — from gathering assets to making distributions.
For families with a disabled beneficiary on government benefits, a special needs trust preserves those benefits while still providing financial support from the estate.
Ready to protect your family from Alabama probate with a living trust?
Call Colvin & Sawyer Law Offices at (205) 202-9801 or send us a message. We serve families across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and all of Alabama.This is where many Alabama families go wrong. A trust only avoids probate for assets that are actually titled in the name of the trust. Proper funding means transferring real estate deeds, retitling bank and investment accounts, updating beneficiary designations, and assigning business interests into the trust. We walk every client through the complete funding process and provide a funding checklist so nothing falls through the cracks.
Yes — a properly funded revocable living trust avoids Alabama probate entirely. Assets in the trust are distributed by the successor trustee with no court involvement, no public record, and no mandatory waiting period.
A will goes through Alabama probate — public, potentially slow and costly. A living trust avoids probate, keeps your estate private, and distributes assets in weeks. A trust also provides incapacity protection a will cannot.
Funding is the step most people miss. A trust that holds no assets provides no probate protection. All real estate, bank accounts, and investment accounts must be retitled into the trust's name for it to work as intended.
A revocable living trust costs more upfront than a simple will because it requires drafting the trust and funding it with your assets. However, it typically saves the estate far more later by avoiding probate costs, which often run 2–5% of the gross estate value. Most attorneys offer a flat fee based on your estate's complexity — we're happy to provide a quote.
Yes. Even with a living trust, you need a pour-over will. It captures any assets not transferred into the trust during your lifetime and directs them into it at death. A will is also the only place to name guardians for minor children — a trust cannot do that.
Christopher Colvin and Valerie Sawyer serve clients throughout Birmingham, Mountain Brook, Hoover, Vestavia Hills, Homewood, Alabaster, Pelham, Helena, Chelsea, Trussville, Gardendale, Bessemer, and Montgomery.
Schedule a Consultation Call (205) 202-9801