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Through the estate planning process, individuals can make plans for their assets and resources to be properly distributed among their heirs and beneficiaries. In some ways, though, estate planning is just the beginning of a much longer process. Following the individual’s death, their estate must be administered, their final affairs put in order and their wishes upheld. This may be done through either trust administration or probate administration.
While these two processes may sound similar, they actually have some significant differences. Foremost among them: Probate administration requires the involvement of the courts, while trust administration can be done without the courts.
But what are the other differences between probate and trust administration? And which one is ultimately the more advantageous process?
Probate and Trust Administration: Covering the Basics
When a person dies, any assets they leave behind are considered to be part of their estate. In most states, the default position for these assets is “probate estate,” which means they are subject to administration by the local probate courts. This process can be intensive, time-consuming, and costly, and in some cases may result in asset distributions that differ from the deceased’s stated intentions.
Alternatively, individuals may place assets into a valid trust before they die. These assets will form a non-probate estate, which means that the intervention of the courts can be sidestepped completely.
What is Probate Administration?
Probate administration is almost always required when someone dies and leaves only a will (as opposed to a valid trust). Indeed, while wills can be useful estate planning tools, they are insufficient for avoiding the probate process.
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