What Is Probate Administration?

Probating a will is a legal process that occurs upon the death of an individual, in which a court determines the legitimacy of a will, if available, and then executes the orders of the will as interpreted by the court.

Probate is not often considered to be a short process. It can take months or even years to sort out any and all details regarding the deceased persons’ estate, and it may involve heavy conflict between family members and loved one’s of the deceased. If you are preparing for probate, please consider enlisting the support of a seasoned estate planning lawyer who knows how to get results.

There are a number of different reasons why the probate administration may be slowed or delayed with most having to do with conflicts between potential or would-be beneficiaries and creditors seeking to satisfy the outstanding debt of the deceased. The process itself can be quite complicated, and consists of many steps before completion such as allowing the court possession of the will, filing a petition to probate the will, letters-of-authorization which would allow a third party to act as a representative of the beneficiary and more.

Trusted Probate Administration Support

The legal professionals at WealthPLAN, PC, are very familiar with the probate administration process in San Jose and throughout California, and have stood for a great many clients in an effort to secure a wide range of assets as awarded in a will or in situations where the client may be legally entitled to the assets.

At WealthPLAN, PC, our team prides itself on the level of dedication we apply to every case and will work hard to see that you are awarded everything you deserve. We take the needs of our clients very seriously and will not rest until your case is as compelling and convincing to the court as possible.

When Does Trust Administration Occur?

Trust administration is the process that occurs after the death of the person who created the trust, also known as the settlor. The trust refers to a person or entity who will assume the responsibilities of the living trust upon death of the settlor.

If there is a failure to fulfill those responsibilities, then the successor trustee may be held liable for issues such as payment errors or additional taxes owed. An estate planning lawyer with experience in trust administration may be able to provide valuable insight into the required steps, exceptions and other critical services as needed in order to get the best possible result.

Depending on specific circumstances and the complexity of the estate established in the trust, the trust administration process can be quite complicated. The first step is to file the will of the deceased settlor within 30 days of death. A written notice of irrevocability must be sent within 60 days from the date of death to all deceased heirs and trust beneficiaries.

Those who do receive notices have the right to contest the trust within 120 days from the date the notice was mailed. The trustee may then take an inventory of all assets in the trust as well as those outside the trust. At this point, the trustee may carry out the terms set forth in the irrevocable trust as per normal.

Trust Administration Support

While the steps outlined above may seem relatively easy to execute, there are a great many details within each step that can further complicate the process and make things very difficult. WealthPLAN, PC, has operated since 1996 to provide our clients in the greater-San Jose area with access to skilled trust administration support and representation services.

We are proud to apply the same high-quality dedication as with every client. Our firm appreciates the benefit of a qualified professional in issues regarding the estate of a deceased loved one and will work hard to meet all of your needs.

Contact a trust administration attorney if you are preparing for the process and would like to enlist the support of a trusted professional. Call 408-918-9030.