Trust Administration + Probate
The trust administration process is two-fold: (1) lifetime trust administration; and (2) post-mortem trust administration. Lifetime trust administration involves administering irrevocable trusts that are in existence and active during one’s lifetime. This is commonly seen when clients undertake more advanced estate planning and establish irrevocable trusts. Post-mortem trust administration involves the Trustee carrying out the terms of the decedent’s previously revocable trust. This includes satisfying statutory requirements, funding subtrusts, distributing assets, filing tax returns and taking care of any and all outstanding items related to the decedent’s death.
Probate is a process where the executor or personal representative ushers the decedent’s assets through the court with the purpose of obtaining a court order directing distribution of such assets. This process is necessary when a decedent failed to establish and fund a revocable trust during his or her lifetime.
