Probate & Trust
When a loved one passes away, his or her estate may go through a court-managed process called probate administration, or may be administered outside out the court through a process called trust administration, where the deceased has a trust. In either process the assets of the deceased are managed and distributed.
There are generally three main functions in the administration of a persons estate.
- COLLECTION of the assets
- PAYMENT of debts and taxes
- DISTRIBUTION of the assets
Probate
If a loved one passes away, and probate is necessary, the Court will appoint someone to manage the estate. That person is called an Executor if there is a will, or an Administrator if there is no will. A generic term for an Executor or an Administrator is Personal Representative. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate, the local court rules and the schedule of the probate court. Most estates are settled through probate in about 9 to 18 months, assuming there is no litigation involved.
Trust Administration
If you are a trustee of a loved one’s trust, there are specific duties you must complete. Being a successor trustee confers upon an individual enormous responsibility as well as liability. There are many opportunities for mistakes as well as lasting conflicts. If the trust is administered incorrectly, it could be far more expensive and time consuming. As well, if the trust is not administered timely, then there are new issues related to the administration of a “stale” trust. Often, it is beneficial to contact an attorney to help complete everything properly. An experienced lawyer can help you administer the trust correctly, so you will not be held responsible for liabilities.​
Timeliness
Whether you are doing a probate or a trust administration, there are certain dates that a Personal Representative or Successor Trustee must meet throughout the process of administration. It is essential that any such person so named in a will or trust contact an attorney as soon as possible after the death of the decedent in order to avoid legal liability. In extreme cases, that person can be financially liable for failing to abide by their legal duties. For an accumulated seven years, we have represented Executors, Administrators and Successor Trustees in California. We are very familiar with all of the legal rules and procedures governing these actions, and we assist our clients to ensure that they carry out all of their obligations under the law and are duly protected. Everyone at Kayser Law Group is dedicated to being the firm that clients can rely on to handle the confusing and complicated aspects of the law to bring some relief to grieving family members and friends.