Tel: (510) 525-8282

Trust Administration & Probate

Both are processes by which assets held by the decedent’s estate and or the trust estate are managed. 

Probate involves an interested person petitioning the court for the authority to manage and distribute the decedent’s assets.  Such a process can be expensive, time consuming and complicated.  The process can be avoided if the decedent passed away having created a trust that properly held title to their assets.  There are probate codes that apply if the total value of the estate does not exceed one hundred and fifty thousand dollars ($150,000).

If someone becomes incompetent or passes away having established a trust that was properly funded, the process by which the assets are administered may be referred to as the  trust administration process.  The Trustee of the trust has to comply with the trust terms and with CA trust rules.  Although there is a cost to administer a trust the fees are usually much less than that associated to a probate process.  If you are appointed as trustee of a trust you owe legal responsibilities to the trust and its beneficiaries and may want to seek advise from an attorney as to those fiduciary obligations.