Navigating the probate administration or trust administration process can be overwhelming and emotionally challenging. At McKillop Law Firm, we understand that losing a loved one is difficult enough without the associated legal complexities adding to your burden. We offer compassionate and efficient support for every aspect of estate administration, from probate court procedures to trust management.
Probate & Trust Administration
Frequently Asked Questions
Probate administration and trust administration are both legal processes that distribute a deceased person’s assets to their beneficiaries. The main difference: probate is overseen by a court, while trust administration is not. As a result, probate tends to take longer, involve more paperwork, and cost more for the same estate. Trust administration, by contrast, stays private and out of the public eye.
Probate is a court-supervised process in Florida that transfers assets from a deceased person to their beneficiaries. It’s required when assets have no automatic means of transfer – for example, no trust, survivorship co-ownership, or beneficiary designation. A Last Will serves as your instruction manual for probate, naming your personal representative and your intended heirs. Without one, Florida law makes these decisions for you instead.
The initial trust administration begins after the trust creator (or grantor) dies. The successor Trustee often hires a lawyer to assist with this initial administration to help complete the process correctly. This process may involve:
- Investigating creditor claims against the estate
- Paying debts
- Distributing trust assets to beneficiaries or into subtrusts for longer-term trusts for beneficiaries
- Providing beneficiaries with an accounting of the trust assets
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