Estate Administration involves the legal and administrative aspects required to handle a person’s estate following their death. Most commonly this involves “probate”, but this also refers to the process of administering a Revocable Living Trust following the death of a person who had such a Trust in place.

Probate:

Probate is the legal process required to transfer a person’s assets upon their death. Probate can be avoided through a range of legal tools including beneficiary designations, “Transfer-on-death” deeds, or the creation of a Revocable Living Trust. Even though there are many available mechanisms to avoid probate, not everyone makes use of them, and sometimes even when individuals have created an estate plan and intended to avoid probate for their loved ones, it still can be needed to transfer some of their assets. For example, a common assumption is that if you have created a Will, you have eliminated the need for probate. This is not the case, however. A Will directs where your assets will go and names a Personal Representative (Executor) to handle your estate, but if you die with a Will, it will still need to be admitted to the court to open a probate before assets can be transferred.

Siskiyou Law routinely handles probates for clients in Oregon, including the “simple estate” process and regular probates, with or without a Will. Our goal is to lift some of the burden for grieving clients by handling the unavoidable legal aspects that arise upon a loved one’s death. Our probate services include an initial consultation to determine whether and what type of probate is required, filing the probate petition and sending all required legal notices to get the probate started, then continuing with the filing of the many other required legal documents such as the inventory, accounting and request for distribution, and attorney advice throughout the probate process. The probate process can take nine months to a year to complete, sometimes more. Attorney fees and other costs depend on the size and complexity of the estate.

Trust Administration:

Trust Administration is the process of administering a Trust, usually a “Revocable Living Trust,” following the death of the “Settlor” or “Trustor” who established the Trust. While creating a Revocable Living Trust is a useful mechanism for avoiding probate, it does not fully eliminate the need for administration of one’s estate. When a person dies with a Trust, their named Successor Trustee will have to find and manage the Trust assets, pay Trust-related expenses and ultimately distribute the Trust assets as directed in the Trust. In doing this, the Trustee must follow laws and processes established in the Uniform Trust Code and many Trustees in this position can greatly benefit from the guidance and hands-on assistance of an attorney experienced in Trust Administration.

Contact Siskiyou Law for an initial consultation for estate administration services.