Guidance After the Loss of a Loved One

Trust Administration & Probate

When a loved one passes away, families may need help understanding the legal process and the responsibilities that follow.

Hawai‘i family having a supportive conversation at home

How the Process Usually Begins

If There Is a Will

The family may need to address a court-supervised process called probate.

If There Is a Living Trust

The successor trustee may need to complete a process called trust administration.

Practical, Family-Focused Guidance

Estate Planning America assists families with trust-administration and probate matters based on the documents, property, responsibilities, and circumstances involved.

Common Trust Administration Responsibilities

The exact steps depend on the trust, the assets, and the people involved. A successor trustee may need to locate and safeguard property, review account ownership and beneficiary designations, keep clear records, communicate with beneficiaries, address valid expenses and debts, and coordinate any required tax or valuation work with appropriate professionals.

  • Review the trust terms and confirm who is authorized to act
  • Identify, secure, and value trust property
  • Maintain records of receipts, expenses, and distributions
  • Provide required information or notices to beneficiaries
  • Transfer or distribute property according to the trust

When Probate May Still Be Needed

A living trust does not automatically keep every asset out of probate. Property left outside the trust, an incomplete beneficiary designation, or another title issue may require additional legal steps. A review of the documents and asset ownership can help the family understand which process applies.

What to Bring to the First Meeting

  • The original trust, will, and any amendments you can locate
  • A death certificate, if it is already available
  • A general list of property, accounts, debts, and important documents
  • Any recent notices, court papers, deeds, or account statements
  • Your questions about the responsibilities that may come next
Before transferring or retitling property: Speak with a qualified attorney. Contact the office when you are ready; some matters may require prompt attention.

Contact Our Office

We offer free, no-obligation consultations for families who have experienced the loss of a loved one.

Schedule a Consultation