A "joint" trust is one trust set up together by 2 settlers (usually spouses). The trust usually says that both are co-trustees and both control the trust together until one party dies. After the first death, the surviving co-trustee continues the trust and has full control over it. When the second spouse dies, a final successor trustee distributes the trust free of probate. A joint trust is used by married people who want to avoid probate and whose estate is not large enough to have a tax problem. The joint trust guards against probate if both are killed simultaneously and also can provide the normal trust help against possible incompetency for the survivor. A joint trust is a simple probate avoidance tool that allows a married couple of modest means an excellent tool to guard against incompetency and pass their assets to their loved ones without probate.