When an adult passes away, their death generally triggers one of two legal processes: probate or trust administration.
Probate and trust administration attorneys Ryan Scharber (shown here) and Ron Adams can assist in the administration of probate estates and trusts, to ease the burden on the appointed parties and to ensure that the instructions contained in the decedent’s documents are carried out properly and with a minimum of expense to the estate and its heirs and beneficiaries.
If the decedent had no estate plan, or their estate plan consisted of a Last Will and Testament, the distribution of their property and payment of any financial obligations will be accomplished through the legal process known as "probate." In probate, the person or institution named as the estate’s "Personal Representative" in the Will is responsible to carrying out the Will’s instructions.
In probating an estate, we can assist Personal Representatives in handling all matters, as needed, in the probate of an estate, including:
See also: Avoiding Personal Liability in Acting as a Trustee or Personal Representative
For general guidance regarding your duties and required procedures in probate, see our Personal Representative Handbook
If the decedent had a properly drafted and funded Trust, assets held by the Trust are not subject to probate. Instead, they are distributed under the terms of the Trust by a person or institution named as the "Successor Trustee" in a process generally known as "trust administration."
While a properly drafted and funded Trust will generally not be subject to probate, the effective administration of the Trust involves many steps that may be similar to those required in a probate setting.
In our trust administration practice, we assist Successor Trustees in:
See also: Guidelines for the Individual Trustee | "What Do I Do Now?" Successor Trustee Seminar (video) | Avoiding Personal Liability in Acting as a Trustee or Personal Representative | Funding and Administering Your Trust
For general guidance regarding your duties and required procedures in trust administration, see our Successor Trustee Handbook
Video clips from Ron Adams' 2013 seminar, "What Do I Do Now? Key Steps in Serving as a Successor Trustee." The seminar was offered to help prepare persons named as a "successor trustee" in a trust to anticipate the challenges that await them and prepare them to carry out their responsibilities. (Yes, 2013 was a long time ago, and Ron looked a little younger then, but the information is still helpful.)
