Compassionate Guidance Through Life’s Most Difficult Transitions
The loss of a loved one is never easy. On top of the emotional burden, families are often faced with complex legal responsibilities that feel overwhelming during such a difficult time. Whether your loved one left behind a Will, a Trust, or no plan at all, our firm provides skilled legal guidance to help you navigate the probate and trust administration process with clarity, compassion, and confidence.
Probate Administration
What is Probate?
Probate is the court-supervised process for identifying and gathering the assets of a deceased person, paying their debts, and distributing the remaining property to their heirs or beneficiaries.
While probate may sound intimidating, our team guides you step-by-step to make the process as smooth and stress-free as possible.
Typical Steps in Probate Include:
- Filing the will with the probate court and confirming its validity
- Appointing a personal representative or executor
- Locating, valuing, and safeguarding estate assets
- Notifying creditors and paying valid debts and taxes
- Handling disputes or creditor claims
- Distributing remaining property to heirs
- Filing final accountings and closing the estate
Our role is to ensure that each step is completed accurately, on time, and in full compliance with state law—minimizing stress for you and your family.
Trust Administration
What is Trust Administration?
Unlike probate, a trust typically avoids the court process. However, it still requires proper legal administration. Trust administration refers to the orderly distribution of assets held in a trust following the death of the Settlor (the creator of the trust).
Duties of a Trustee Often Include:
- Reviewing and interpreting the trust document
- Managing and valuing trust assets
- Communicating with beneficiaries regarding their rights
- Filing required tax returns for the trust and the estate
- Paying debts and expenses from the trust
- Distributing property according to the terms of the trust
- Resolving disagreements between beneficiaries when they arise
Because trustees carry fiduciary duties—and may be personally liable for mistakes—our attorneys assist with every aspect of administration, ensuring the process is handled properly and fairly.
Why Hire an Attorney for Probate & Trust Administration?
The legal process after a loved one’s passing can feel overwhelming. Having a knowledgeable attorney on your side provides:
Peace of mind
We handle the legal details while you focus on family and healing.
Efficiency
Proper filings, accurate paperwork, and proactive management help avoid costly delays.
Conflict resolution
We provide transparency and legal support to reduce the likelihood of family disputes.
Expertise
Every state has unique probate and trust laws—we guide you through requirements in Florida, Texas, and Washington, D.C.
FAQs
What is Probate?
Probate is a court-monitored legal process through which a deceased person’s assets are distributed to heirs/beneficiaries. Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid will, unless the will is admitted to probate in the court, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries. If the decedent had no will, probate is necessary to pass ownership of the decedent’s probate assets to those who are to receive them. Probate is also necessary to wind up the decedent’s financial affairs. Probate Administration of the decedent’s estate ensures that the decedent’s creditors are paid if certain procedures are correctly followed. It also involves validating the Will and transferring property according to the Will or according to intestate state laws, if there is no Will.
When is Probate required?
Probate is generally required when a deceased person owns property in their name alone, has assets without a designated beneficiary, or leaves debts that need to be settled. Some assets, like jointly held property or assets with named beneficiaries, may avoid probate.
How long does Probate take?
The duration of probate varies depending on the complexity of the estate, whether there are disputes, and court schedules. Summary Administration is less time-intensive than a Formal Administration.
What is the role of a Personal Representative or Executor?
The personal representative (also called an executor) manages the probate process with the assistance of legal counsel, including paying debts, filing taxes, and distributing assets according to the Will or state law.
Can Probate be avoided?
Some assets can bypass probate, such as:
- Property held in joint tenancy with right of survivorship or as an estate by entirety
- Assets properly owned by a Trust
- Life insurance or retirement accounts with named living beneficiaries
- Proper planning can minimize probate involvement and simplify the transfer of assets.
How are assets distributed if there is no Will?
If someone dies without a will (intestate), State law determines how probate assets are distributed, typically to the closest relatives. The court appoints a personal representative to manage the estate.
Who is involved in the Probate process?
Depending upon the facts of the situation, any of the following may have a role to play in the probate administration of the decedent’s estate:
- Clerk of the circuit court in the county in which the decedent was domiciled at the time of the decedent’s death.
- Circuit court judge.
- Personal representative (or executor).
- An attorney providing legal advice to the personal representative throughout the probate process.
- Those filing claims in the probate proceeding relative to debts incurred by the decedent, such as credit card issuers and health care providers.
- Internal Revenue Service (IRS), as to any federal income taxes that the decedent may owe, any income taxes that the decedent’s probate estate may owe and, sometimes, federal gift, estate or generation-skipping transfer tax matters.
- Beneficiaries