Probate & Trust Administration · FAQ
Answers to common questions about probate, trust administration, and estate disputes from Pearson Bollman Law attorneys.
Getting started
General information only, not legal advice. Schedule a free consultation for advice about your situation.
Probate is a court-supervised legal process that may be required to administer certain assets after someone dies. Whether probate is necessary depends on the assets involved, how they were titled, and the applicable law.
The timeline depends on many factors, including the size of the estate, court procedures, creditor matters, and whether disputes arise. An attorney can explain what to expect after reviewing your situation.
State law decides who inherits the property, and the court appoints someone to settle the estate. The result may not match what the person would have wanted.
Depending on your circumstances, certain estate planning tools may simplify or reduce the probate process for some assets. An attorney can explain which options may be appropriate for your goals.
Your role
The person responsible for administering an estate manages assets, communicates with beneficiaries, addresses debts and expenses, completes any required legal filings, and distributes property according to the law or governing documents.
The person appointed to administer an estate in probate. Called an executor when named in a will, or an administrator when there is no will.
Trusts
Yes. Probate is a court-supervised process for assets in a person’s name alone, with or without a will. Trust administration is handled by the successor trustee under the trust document and usually involves limited court involvement.
Successor trustees often benefit from legal guidance because they have ongoing responsibilities to the trust and its beneficiaries. An attorney can help explain those responsibilities and answer questions throughout the administration process. Learn about trust administration.
Disputes
Document your concerns and seek legal guidance before taking action. An attorney can evaluate the circumstances, explain the fiduciary’s legal responsibilities, and discuss the available options. Learn about estate litigation.
Whether a will can be challenged depends on the facts of the situation and the applicable law. Simply disagreeing with the terms of a will is generally not enough. An attorney can review your circumstances and explain the legal issues that may apply.
Related
Guiding families through estate or trust administration after a death.
Guidance for successor trustees settling a trust.
Representation when disagreements arise over an estate, trust, or inheritance.
Answers about wills, trusts, and powers of attorney.
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Whether you’ve been named personal representative, are serving as a successor trustee, or have questions as a family member, Pearson Bollman Law can help you understand what comes next. Your initial consultation is free.
