When you create a living trust, you are making a choice to not use the public system put in place by the government. What is this public system? It is a probate or a conservatorship. In previous videos we’ve produced, we warn against both of those public system services. They are incredibly costly. The average person pays $40-50,000 in probate fees. Yuck! A living trust takes you out of the probate system and instead gives you the full flexibility of the private system. When someone passes away without a living trust, his or her assets need to go through a.