Probate & Trust Administration

When someone passes away and leaves behind a Will or dies intestate (leaves no Will), assets need to be administered through a court process called “probate.” This involves the court appointing an executor or personal representative who will administer the estate – this can involve locating and notifying beneficiaries, paying creditors and taxes, appraising property, and more. The Probate Court oversees this process. ELP can help you understand the probate administration process, and guide the executor or personal representative of a Will through every step of the way.

After a loved one, who created a trust, dies the Successor Trustee must begin administrating or managing the trust according to the trust’s terms for the benefit of the beneficiaries. Trust administration involves many steps including providing notice to the beneficiaries, properly disposing of the trust assets and liabilities, as well as maintaining proper accounting records. Trustees have fiduciary duties to the beneficiaries and can be personally liable for any misconduct or mismanagement. Most trusts also provide for payment of attorney fees directly from trust assets, so there is no reason for a trustee to navigate the complexities of trust administration without the assistance of an attorney.