Probate & Trust Administration

When a person dies holding more than $166,250 (as of 2020) worth of certain types of assets, a court-supervised probate administration is necessary to transfer these assets to the beneficiaries named in her will, or to her next of kin (if there is no will). The local probate court appoints a personal representative with the authority and obligation to chase down, collect and inventory the deceased person’s assets, pay her final debts, file final tax returns and distribute the estate assets after the Court so authorizes. The entire process takes between six months to 2+ years.

We have successfully administered many dozens of probate estates in all Probate Courts of the greater Bay Area and we would be happy to assist you.

Trust Administration is the process of carrying out the wishes of the creator of the trust when he or she has died or become incapacitated.  The process usually does not involve court involvement.  The creator of the Trust (“settlor”) puts instructions in the trust about (1) who takes over as successor trustee upon her death or incapacity to administer the trust; (2) who inherits the trust assets upon the death of the settlor, (3) what strings (if any) are attached to the gift.

The trustee is responsible for ensuring the trust is administered prudently, impartially and competently.  The trustee must jump through a number of technical but important hoops and is well advised to retain counsel to make sure the trust is properly administered with minimal liability to the trustee.