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Probate & Trust Administration · Trust Administration
When assets are held in a trust, the successor trustee is responsible for administering them according to the trust document. We help trustees understand their duties and carry them out carefully.
Your role
Trust administration may involve gathering financial information, managing trust property, communicating with beneficiaries, paying appropriate expenses, and distributing assets according to the trust’s instructions. Although court involvement may be limited, trustees still have legal duties that should be carried out carefully.
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.
Responsibilities
Comparison
| Probate | Trust administration | |
|---|---|---|
| Who is in charge | A personal representative, executor, or administrator appointed by the court | The successor trustee named in the trust |
| Governing instructions | The will, or state law if there is no will | The trust document |
| Court involvement | Court-supervised, with required filings | Usually limited |
| Privacy | Court filings are generally public record | Generally remains private |
General information only, not legal advice for your situation.
01
Finding the trust, any amendments, and related documents that will guide the administration.
02
Determining what the trust owns, how each asset is titled, and keeping property secure.
03
Letting the people who have an interest in the trust know what is happening.
04
Reviewing claims and paying legitimate debts, final expenses, and taxes.
05
Transferring property according to the trust’s instructions.
Trust administration FAQ
General information only. Schedule a free consultation for advice about your situation.
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.
It depends on the trust’s terms, the assets involved, taxes, and whether questions or disagreements arise. An attorney can explain what to expect after reviewing your situation.
Often, yes. A trustee who is also a beneficiary still has duties to all of the trust’s beneficiaries and must follow the trust’s terms.
Related
Guiding families through estate or trust administration after a death.
Representation when disagreements arise over an estate, trust, or inheritance.
Creating or updating wills, trusts, powers of attorney, and health care documents.
How a trust works, and the step that makes it work.
Free resources
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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.
