Probate

Probate is necessary when there is no other way to pass assets from the deceased owner to the surviving family members. In probate, your will is a set of instructions as to who will administer the estate (the Personal Representative) and who will get your assets, both tangible assets (your personal property) and the rest, residue and remainder (cash and real property assets). If you do not have a will your assets pass “intestate” meaning they will pass to your heirs. Setting up your estate to pass outside of probate can be accomplished in many cases. However, there are circumstances where probate cannot be avoided or may even be desired.

Trust Administration

A trust must be administered after death but your successor trustee does not need the oversight of the court. Trust administration however can be just as complex as probate dependent upon the trust assets.