Blog

Probate vs. Trust Administration | Legacy Law Firm

Written by Legacy Law Firm | Jan 31, 2024 6:30:00 PM

Probate and trust administration are two distinct processes involved in managing an individual's estate after they passing, each with its own set of advantages and considerations.

Probate is a court-supervised procedure where the deceased person's will is validated, and their assets are distributed according to the legal guidelines. This process can be time-consuming and costly, as it involves court fees, attorney expenses, and potential delays. Probate also becomes a matter of public record, allowing anyone to access information about the deceased person's assets and beneficiaries.

On the other hand, trust administration offers a more private and streamlined alternative. A living trust allows individuals to transfer their assets into a trust during their lifetime, appointing a trustee to manage and distribute those assets upon their death. Trust administration typically bypasses the probate process, saving time and money for the estate and beneficiaries. Moreover, it provides a level of privacy, as the details of the trust remain confidential. However, setting up a trust requires careful planning and legal assistance.

The choice between probate and trust administration depends on factors such as the size and complexity of the estate, personal preferences, and individual circumstances.

To schedule a free consultation call 605-275-5665 to meet with one of our many estate planning attorneys today.