How long does administration take?
Two different clocks are worth separating. Getting someone appointed and able to act is usually the shorter step, and it depends on the court's schedule, whether an original will is available and self-proving, whether the people entitled to notice sign consents or have to be served, and whether anything is contested. Completing the administration takes longer, because it depends on what has to be collected, whether real estate or a business interest has to be sold, the period allowed for creditors to present claims, any state inheritance or estate tax filings and the wait for a closing letter or clearance, whether an income tax return is due for the estate or trust, and whether beneficiaries disagree about any of it. We can estimate the sequence for your matter once we see the documents and the asset list; we do not quote a fixed number of months in advance.
Does every asset have to go through the court?
No. Assets that pass by beneficiary designation, by valid survivorship title, or through a trust that actually holds them generally pass outside the probate estate, though they may still be reportable for tax purposes and may still need cooperation from the institution. Assets held in the decedent's name alone, without an effective transfer mechanism, are typically the ones that require a court-appointed fiduciary. Sorting which category each asset falls into is usually the first substantive step.
Is trust administration the same thing as probate?
No. Probate is the court process for proving a will and appointing the person named to administer the estate; when there is no will, appointment happens through a different proceeding under state law, with different priority rules for who may serve. Trust administration is the trustee's job under the trust instrument for the assets the trust actually holds. It is usually less court-driven, but it is not automatically court-free: a trustee may need court involvement for construction, accounting, a dispute, or a transaction that requires it, and trust and estate work often run side by side in the same family.
Can you advise me if I am both the executor and a beneficiary?
Often yes, but the first thing we settle is who our client is. An executor or trustee has duties to the beneficiaries as a whole, and advice given to the fiduciary in that role is not advice to any beneficiary individually. If a beneficiary and a fiduciary have interests that may diverge, we identify that before taking on the matter, and one of them may need separate counsel. We run a conflicts check before any engagement and confirm the role in writing.
Do you handle the tax returns?
Not as a matter of course. We identify which filings the matter appears to require, prepare and file the state filings that the engagement agreement lists, and work alongside the accountant or tax preparer for income tax returns and anything else outside that scope. Which filings are included, and which stay with a tax professional, is written into the engagement agreement rather than assumed.