Hoopes, Adams & Scharber is a Best Lawyers / U.S. News & World Report Best Law Firms selectee in Trusts & Estates Law.
Probate and Trust Administration
Peer Recognition
Ryan Scharber: Probate and Trust Administration Attorney
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 (left), Parker Fox 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.
Probate
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:
- preparing and filing all documents
- representing you in probate court proceedings
- compiling an inventory of the estate’s assets that are subject to probate
- obtaining valuations of property if necessary
- paying all final obligations and taxes of the estate
- overseeing the orderly distribution of estate property to the named heirs
- closing the probate and releasing the appointed personal representative from their duties.
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
Trust Administration
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:
- contacting beneficiaries of the Trust
- gathering, valuing and managing Trust assets
- notifying potential creditors
- paying any outstanding debts, taxes and final expenses
- distributing the remaining income and assets in compliance with the terms of the Trust.
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.