What is Trust Administration?

Trust administration is a process that occurs when a trust creator (trustor) passes away or becomes incapacitated and is an alternative, simpler process compared with the probate process. 

Trust administration does not occur in court, and no judge is involved unless a problem arises. Instead, the process involves a chosen trustee who follows instructions in a trust document to facilitate the transfer of trust assets to a new owner. 

Many people create trusts specifically because they wish their property and assets to transfer during trust administration rather than during the probate process.  While the probate process can be costly, expensive, and too public due to court proceedings, trust administration should be efficient and private. 

Who Should Have a Lawyer During the Trust Administration process?

A trustee should have an experienced attorney providing representation and advice during the trust administration process. 

Because of the trustee’s fiduciary duties, the trustee could face a personal lawsuit if accused of mismanaging or misappropriating trust assets. There is no sense in taking this type of substantial risk when administering a trust. 

Instead, the trustee should talk with an attorney as soon as possible following the death of the trustor so the attorney can offer guidance and aid throughout the entirety of the trust administration process. 

How an Attorney Helps During the Trust Administration Process

The trust administration process involves taking some of the same steps as during the probate process, including providing required notice, taking care of tax issues, and facilitating the transfer of assets.

There are important differences, though. Trust administration should not necessitate involvement from the probate court unless a problem arises, and the process should be quicker. A trustee will be in charge of it and must follow both the law and the wishes of the decedent. 

Kinghorn Law | Financial helps ensure the trust administration process goes smoothly by providing the same type of comprehensive representation that we offer during the probate process. Whether you want to monitor the actions of the trustee or you want our help to fulfill your duties as the trustee, we are here to provide comprehensive and compassionate legal aid. 

How can an Arizona Trust Administration lawyer help during trust administration?

An Arizona attorney who specializes in trust administration can provide assistance with the process of administering a trust after the trust creator has passed away.

We help trustees fulfill their roles, and we represent beneficiaries who want to protect their inheritance. 

We can also assist with trust creation so your family can go through the trust administration process instead of the probate process after a death has occurred. Contact us now to find out more. 

Call 480.480.8000 to speak with a specialist.