Probate & Trust Administration

Probate & Trust Administration 2017-10-09T16:15:28+00:00

Central Florida and Greater Orlando Probate and Estate Administration Attorneys

When a loved one passes away, depending on the type of planning that has been completed, his or her estate and/or trust will need to be administered.  There are two ways that a loved one’s estate is administered:
1. Probate. This is a court-managed process where the assets of the deceased are managed and distributed under the supervision of the Probate Court.

2. Trust Administration. This is a private process for estates where the loved one owned his or her assets through a properly funded revocable living trust.

In both cases, the estate needs to be administered in a timely, orderly process where the executor or the successor trustee will gather assets, sell those not needed, pay all expenses and finally make distribution of the deceased’s assets to the beneficiaries.

Every probate or trust administration is unique, but most involve the following steps:

  • Review of the executed will or revocable trust
  • Filing of a petition with the probate court to admit the will
  • Identifying beneficiaries under the will or revocable living trust
  • Inventory and appraisal of estate assets by Executor under the will or Successor Trustee named in the revocable trust
  • Payment of estate debts and expenses
  • Estate tax analysis/filing return if needed
  • Collection of death benefits
  • Sale of estate assets
  • Payment of loved ones’ final taxes and estate taxes, if any are owed
  • Distribution of assets to heirs and beneficiaries.

The Probate and Trust Administration process is complex and can be very difficult.  If you have recently lost a loved one, and are named as the Personal Representative/Executor or Trustee in their estate plan, we have many years of experience that we can bring to bear to make your administration go as smoothly as possible.

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