Trust & Probate Administration

Why You Need Expert Guidance

Navigating the complexities of trust probate administration can be overwhelming, especially during an already difficult time. While both processes deal with the distribution of a deceased person’s assets, they are fundamentally different. Trust administration involves managing and distributing assets from a living trust without court intervention, while probate is a court-supervised process for validating a Will, approving a Personal Representative, and overseeing the distribution of assets. The probate process can be time-consuming, costly, and public, whereas a Trust administration is typically faster, more private, and less expensive.

Whether you're dealing with a Trust or going through probate, it’s crucial to have an experienced team on your side. Our professionals provide expert guidance, ensuring all legal requirements are met, deadlines are adhered to, and your loved one's wishes are carried out efficiently and effectively. Let us help you navigate these processes with ease, so you can focus on what truly matters.

Frequently asked questions

What is the difference between Trust and Probate Administration ?

Trust Administration involves managing the assets of a living trust according to the instructions set by the trust creator (the grantor/Trustor). Probate, on the other hand, is the legal process through which the court validates a Will, appoints a Personal Representative and oversees the distribution of assets to heirs, which can be time-consuming and expensive.

How long does the probate process take?

Probate typically takes anywhere from 9 months to several years, depending on the complexity of the estate, difficulty of the heirs, and the state’s requirements. During this time, assets may be frozen, and heirs might not have access to funds until the court completes at least a portion of the process.

Can a Trust avoid probate?

Yes, one of the main advantages of a living Trust is that it allows the Trust assets to be much more accessible to pay bills, manage assets, and pay the burial/cremation, and the Trust allows to pass directly to beneficiaries without going through probate. The Trust saves time, reduces costs, and keeps the distribution process private.

What are the responsibilities of a Trustee during Trust administration?

A Trustee is responsible for securing and managing the trust’s assets, ensuring debts are paid and tax returns are filed, and distributing the assets to the beneficiaries according to the Trust's terms. The Trustee must act in the best interest of the beneficiaries and follow the Trust’s instructions carefully.

Can someone contest a Trust or a Will during probate?

Yes, a Trust or Will can be contested during probate, although the process for contesting a Trust is typically more difficult than contesting a Will. Grounds for contesting a Trust may include claims of undue influence, lack of mental capacity, or improper execution.

What are the costs involved in a probate or Trust administration?

Probate can be expensive due to court fees, attorney costs, and Personal Representative (Executor) fees, often totaling 5-10% of the estate’s value. Trust administration typically involves lower costs, as it does not require court involvement. However, Trustees may need legal or financial guidance.