The trust administration process and the probate process are both processes that take place after a death in order to facilitate the transfer of assets from the deceased person, who is called the decedent, to new owners.
However, these processes work in very different ways. Lee Law Office helps with both processes and provides the type of assistance that you need to make sure the wishes of the deceased are respected and assets are kept safe as they pass on to the next generation.
Whether you are overseeing the probate process or the trust administration process, whether you stand to inherit or whether you believe there is a problem with a last will and testament or a trust, you need to get the proper legal advice from a trusted advisor who knows the law. Lee Law Office is here to help.
Our legal team works closely with you throughout the trust administration and/or the probate process, so give us a call to find out how we can help you and to get answers to questions you may have about these processes including:
- What are the trust administration and probate processes?
- Who should get help during the trust administration and probate processes?
- How can a Richmond trust administration and probate lawyer help me?
What are the Trust Administration and Probate Processes?
After someone has passed away, a formal process must take place to make certain that the deceased person (decedent’s) assets are transferred in accordance with the wishes of the deceased.
If the decedent had created a trust before passing away, the trust administration process is the process used to facilitate the formal legal transfer of trust assets only. For assets that are not owned within a trust, and which do not otherwise pass automatically to new owners, the probate process is the process that will take place to facilitate the transfer of assets.
Both the trust administration and probate processes require certain steps to be taken, such as providing official notice to people with a legal interest in the decedent’s estate as well as complying with tax laws. However, there are fundamentally important differences as well. While the probate process takes place within the Virginia court system, the trust administration process should typically be handled without the involvement of the court, unless a problem arises with the trust administration process.
Working with an experienced attorney can reduce the chances of a problem arising, and and an experienced attorney who is representing those who stand to inherit can also provide assistance in taking appropriate legal action if a problem does occur.
Who Should Get Help During the Trust Administration and Probate Processes?
The trust administration process is overseen and facilitated by a trust administrator, who was named by the trust creator before the trust creator became incapacitated or passed away. The probate process is guided by the executor of an estate, who is a person who was named in the decedent’s last will and testament and who was then officially appointed by the court.
In circumstances where there is no will, where the executor of an estate isn’t named, or where the designated executor of an estate in the will decided not to fulfill this role, then the clerk of the circuit court will appoint a designated individual – usually a close relative – to serve as the personal representative or estate administrator to guide the estate through the probate process.
Because the executor of an estate or trust administration has a lot of formal legal responsibilities, the executor or administration should be represented by a legal advocate who can provide assistance with taking the necessary steps to protect assets and to facilitate the transfer of wealth. Lee Law Office will work with you to make sure that you are fulfilling legal obligations and respecting the wishes of the deceased.
We can also provide representation to heirs or beneficiaries who are going to be inheriting from a will or trust and who want to make sure the executor of an estate or trust administrator fulfill their obligations. Finally, if someone wants to challenge whether a last will and testament or a trust is valid, we can help.
How can a Richmond Trust Administration and Probate Lawyer Help You?
The trust administration and probate processes occur during a stressful time when someone you care about has passed away. Getting help coping with complicated legal processes during this time is a smart choice to protect an inheritance and to ensure the wishes of the deceased are respected. To find out more about how a Richmond trust administration and probate lawyer at Lee Law Office can provide the help you need to make these processes go smoothly, give us a call today.