Estate Administration

Most people named as executor or trustee are doing the job for the first time, for someone they loved, at a difficult moment. It is a real legal responsibility, and it usually arrives without warning.

We help executors and trustees carry out that responsibility — with as much or as little involvement as you want.

What is estate administration?

Estate administration is the work of settling a person's affairs after they die: identifying and valuing what they owned, paying debts and taxes, keeping proper records, and distributing what remains to the people entitled to it.

It is not the same thing as probate, although the two overlap.

Probate is a court process. It applies when assets pass under a will, or when there was no estate plan at all. A judge oversees it, and the timeline is largely set by the court.

Trust administration happens without a court. If the person who died had a living trust, the successor trustee can act straight away, without filing anything or waiting for approval. This is the main practical reason most of our estate planning clients have a trust.

Many estates involve both — a trust holding most of the assets, and a smaller probate for anything left outside it.

If you're not sure which applies to you, that's one of the first things we can tell you.

What does an executor or trustee actually have to do?

The specifics vary, but the core duties are consistent:

Locate and review the will or trust, and work out what it requires
Identify, secure, and value the assets
Notify beneficiaries, and where required, creditors
Pay legitimate debts, final expenses, and taxes
Keep records of everything received, spent, and distributed
Make decisions about estate and income tax filings
Distribute what remains according to the will or trust
Where a trust continues — for a minor child, for instance — manage it going forward

Some of these are straightforward. Others are not. Deciding whether to pay a disputed creditor, how to value a business interest, or when to sell property in a falling market are judgment calls, and they are yours to make.

What happens if I get it wrong?

An executor or trustee owes duties to the estate, to its creditors, and to its beneficiaries — and can be held personally responsible for failing to meet them.

That is not meant to alarm you. Most administrations proceed without difficulty. But it is why most people in the role want someone alongside them, and it's why we focus as much on helping you make defensible decisions as on the paperwork.

Keeping clear records from the outset is the single most useful thing you can do.

How long does it take?

A trust administration with straightforward assets and cooperative beneficiaries can be completed in a few months.

A probate takes longer — nine months at minimum, often more. The Probate page explains why.

Anything with complications takes longer still: property that is slow to sell, a business to wind up or transfer, a beneficiary dispute, a taxable estate, or assets in more than one state.

How we can help?

We can handle the whole administration, or advise you on the parts you'd rather not do alone. Clients commonly ask us to:

Read and interpret the will or trust, and explain what it means in practice
Determine whether probate is required
Prepare and file court documents where it is
Advise on notices to beneficiaries and creditors
Handle estate tax questions and filings
Prepare deeds and other transfer documents
Advise on administering a trust that continues after distribution — a child's trust, for instance
Prepare the accountings beneficiaries are entitled to receive

Our goal is that you are comfortable in the role and confident in the decisions you make.

We charge $325 per hour for estate administration. Where probate is required, our fees are set by California statute — see our Fees page.

Getting started

We offer a free initial consultation. Bring the will or trust if you have it, and a rough list of what the person owned. We'll tell you what the process is likely to involve, whether probate is required, and what our involvement would cost.

Call 707.636.4611 or email info@botzcodylaw.com.