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Trust administration is the process of managing and distributing trust assets after a triggering event, most commonly the death of the person who created the trust. When this occurs, the appointed trustee steps into a fiduciary role and becomes responsible for following the instructions set out in the trust document.
Although trusts are designed to avoid probate, administering a trust still requires careful attention to legal, financial, and administrative responsibilities. These can include asset valuation, accounting, creditor issues, and final distributions to beneficiaries. Even well drafted trusts can become burdensome without proper guidance.
Many trustees are family members who were chosen because they are trusted, not because they are experts in estate administration. The role can be time consuming and stressful, particularly when combined with grief or family dynamics.
Legal guidance during trust administration helps ensure that the trustee fulfills their duties correctly, avoids personal liability, and completes the administration efficiently. Whether you are serving as a trustee or a beneficiary with questions, proper support can bring clarity and confidence during a difficult transition.
Does trust administration require probate court involvement?
In most cases, no. Trust administration typically occurs outside of probate, which can save time and maintain privacy. However, legal requirements must still be followed.
Do I need an attorney to administer a trust?
While some trustees handle administration on their own, many choose to work with an attorney to ensure compliance, reduce risk, and avoid costly mistakes.
What happens if a trustee makes a mistake?
Trustees have a fiduciary duty to act in the best interest of beneficiaries. Errors can result in personal liability, which is why guidance is often recommended.
