Step 1: Prepare for Your Consultation
If you are administering a trust or estate following the incapacity or death of a loved one, please accept my condolences.
Serving as trustee, executor, or another fiduciary is an important responsibility. My role is to help you understand your legal obligations, identify the necessary steps, and guide you through the administration process.
At least 48 business hours before our consultation, please provide the following information:
- A copy of the relevant estate planning documents, if available, including trusts, amendments, wills, codicils, powers of attorney, and advance health care directives;
- A certified death certificate or evidence of incapacity;
- The original will and any codicils, if applicable;
- A list of beneficiaries and heirs, including full legal names, relationships, addresses, and telephone numbers; and
- A current inventory of assets and liabilities, including relevant deeds and account information.
If the incapacitated person or decedent was my client, I may already have information that will assist us, including a summary of estate planning documents and an asset and liability inventory.
I review estate planning documents before our meeting so that our conversation can focus on the responsibilities ahead and the decisions that need to be made.
Step 2: Sign Legal Services Agreement
If we decide to work together, I will provide a Legal Services Agreement outlining:
- the scope of representation;
- services included and excluded;
- fees and billing arrangements; and
- your responsibilities as trustee, executor, or fiduciary.
Non-probate trust administrations are billed at my hourly rate of $450/hour, plus costs.
Every administration is different. The time required depends on factors such as:
- the complexity of the trust or estate;
- the nature and location of assets;
- tax considerations;
- beneficiary communication; and
- the level of assistance needed.
Probate matters are subject to court-approved statutory compensation based on the gross value of the estate, with possible additional compensation for extraordinary services.
Step 3: Administration Process
The administration process generally includes:
- interpreting the governing documents;
- identifying, collecting, and valuing assets;
- notifying beneficiaries and heirs;
- addressing debts, expenses, and taxes;
- communicating with beneficiaries;
- coordinating with financial advisors, tax professionals, and other professionals;
- preparing any required accountings;
- making distributions; and
- administering continuing trusts, if applicable.
The timeline varies significantly depending on the circumstances.
Many trust administrations take approximately 6-9 months. Some matters may be completed sooner, while others may take longer due to asset sales, valuation issues, tax filings, beneficiary concerns, or continuing trust obligations.
Probate proceedings generally take longer. Even straightforward probates often require more than 12 months to complete due to court timelines, creditor periods, and required filings.