PROBATE VS. TRUST ADMINISTRATION<\/h1>\n

When a loved one passes away, it is an emotional and stressful time. Unfortunately, while you are still grieving, you do have to face the practicalities of trying to figure out how to settle your family member\u2019s affairs. The hope is that you know exactly where that estate planning binder is; however, if your loved one never did any estate planning, you may be facing probate. A California elder law attorney<\/a> can help you sort through these issues.<\/p>\n

Assuming that no one decides to fight over the trust and all debts have been accounted for, the trust administration process can often be finished within 6 months.
\nAdditionally, unlike probate, attorneys\u2019 fees are negotiable.<\/p>\n

Regardless of whether you are facing a probate situation or trust administration, after acquiring death certificates, contact an attorney to assist with the process.
\nAll materials have been prepared for general information purposes only to permit you to learn more about our firm, our services and the experience of our attorneys. The information presented is not legal advice, is not to be acted on as such, and may be subject to change without notice.<\/p>\n

TRUST ADMINISTRATION AND PROBATE VOCABULARY<\/strong><\/h2>\n

Executor:<\/strong>\u00a0The person named in a will to be in charge of a person\u2019s estate.
\nAdministrator:<\/strong>\u00a0The person appointed by the probate court to be in charge of a person\u2019s estate when there is no will or no executor has been named in the will.
\nDecedent:<\/strong>\u00a0The individual who has died.
\nTrustee:<\/strong>\u00a0An individual person given control or powers of administration of property in trust with a legal obligation to administer it solely for the purposes specified.
\nBeneficiary:<\/strong>\u00a0An individual who obtains advantage from a trust, will or life insurance policy.
\nHeir:<\/strong>\u00a0One who acquires property upon the death of another, based on the state laws of descent and distribution.
\nIntestacy:<\/strong>\u00a0The state of dying without a will. If a person dies without a will he is said to have \u201cdied intestate.\u201d The estate of a person who has died intestate goes through probate court. The state\u2019s intestacy laws will determine who will inherit the decedent\u2019s assets.<\/p>\n","protected":false},"excerpt":{"rendered":"

When a loved one passes away, it is an emotional and stressful time. Unfortunately, while you are still grieving, you do have to face the practicalities of trying to figure out how to settle your family member\u2019s affairs. The hope is that you know exactly where that estate planning binder is; however, if your loved one never did any estate planning, you may be facing probate.<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"rank_math_lock_modified_date":false,"footnotes":""},"categories":[19],"tags":[],"class_list":["post-874","post","type-post","status-publish","format-standard","hentry","category-trust-administration"],"_links":{"self":[{"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/posts\/874","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/comments?post=874"}],"version-history":[{"count":2,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/posts\/874\/revisions"}],"predecessor-version":[{"id":3030,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/posts\/874\/revisions\/3030"}],"wp:attachment":[{"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/media?parent=874"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/categories?post=874"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/tags?post=874"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}