The possessions of a deceased person don’t sort themselves. What happens next is handled by a legal procedure, which can be simple or complex. You’ve likely heard the term probate if there is a will. If there is a trust, you may have heard of trust management. Both are concerned with the management of a deceased person’s estate. They are not the same. You’re not the only one who is trying to determine which term applies to you or what the differences mean.
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We help families through both processes at Bonardi & Uzdavinis LLP. What about truthfulness? It is not uncommon to be confused. When you are dealing with family stress or grief, it can be intimidating to think about probate and trust administration. Let’s clarify. What is probate and trust administration? What is trust administration, and what is probate? What are the real differences? How do you know what path to take?
What is Probate?
Probate is a court-supervised process for settling an estate after someone has died. This occurs when someone dies without a will, but with no living trust to handle the transfer of assets. The court is involved in:
- If there is a will, authenticate it.
- Nominate a personal representative
- Identify the assets of a person
- Repay debts, tax claims, and other claims
- What’s left should be distributed to the rightful inheritors
It sounds simple, right? But it’s not always that simple. It’s not always the case.
Why does Probate exist?
The probate process ensures that the assets of a deceased person are treated legally and fairly. It is a safeguard. Probate can provide structure if there are disagreements over who gets what or concerns about fraud. Probate can be a lengthy process. Even simple estates in Florida can take six months to one year. Estates that are larger or more contested may take longer. Probate becomes less ideal when you add in attorney fees, court fees, and public filings. It’s never terrible. It’s not always private. It’s not always quick.
What is Trust Administration?
Trust administration is done outside of court. This applies to a person who dies while a funded, valid living trust is in place. The trust in this case specifies who gets what. The successor trust is responsible for ensuring that this happens. Contrary to probate, the administration of trusts does not require that everything be filed in court. The trustees’ job is not easy. They must:
- Trust assets: Identify them and protect them
- Notify beneficiaries, relevant parties
- Repay any debts or taxes that are valid
- Trust assets should be distributed according to the trust terms
They can do this with or without court oversight.
What are the main differences between Probate and Trust Administration?
Break it down into simple terms.
| Features | Probate | Trust Administration |
| Court Involvement | Yes, the judge will supervise you. | No, please handle privately |
| Timeframe | Often 6-12 months (or longer) | Many tasks can be completed quickly |
| Privacy | Public Record | You can also contact us by email. |
| Costs | Publication, court fees, and legal fees | There are typically fewer formal costs |
| Asset Accessibility | Limitation until the Court Approves | Trustees can act faster |
| Applies When… | No trust or no will | There is a valid trust that is funded properly |
What is “better”?
It depends. Truly. In the absence of a trust for a deceased person, probate could be their only option. It’s not always a bad thing. Probate is used to enforce fairness, protect heirs, and resolve disputes. Many families prefer court supervision when tensions are at their highest. A living trust can be a great option for those who can plan. Trust administration is faster and more secure. It’s also less stressful for loved ones. The assets in the trust are not subject to probate. No formal court filings, public announcements, or lengthy hearings are required. The trustee is in charge from the first day. It’s still not automatic. It must be created correctly and funded, which means the assets were transferred to the trust by the individual during their lifetime. What good is a trust that has no assets? It won’t prevent probate.
What Happens When Someone Has Both A Will And A Trust?
It is not uncommon. Most people who have a living will also have a Pour-over Will, which is a backup plan to “pour” any forgotten assets into the trust upon death. The will may not be necessary if everything is done correctly. If the person forgets to transfer a bank or title a vehicle in the trust’s name, these assets could still be subject to probate. It’s not the worst thing in the world. It’s not the end of the world.
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Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
Responsibilities a Personal Representative has vs. those of a trustee
Let’s take a look at the roles.
Personal Representative (Probate).
- Filing a petition in court
- All probate assets are inventoried and gathered.
- Open ean state bank account
- Publication of legal notices to creditors
- Paying valid debts, taxes, and other obligations
- Seeks court approval for distributions
- Accounting files at the court
- The rest of the funds are distributed to beneficiaries
The court must approve the person named in a will.
Trustee (Trust Administration)
- Trust terms explained and reviewed
- Trust assets are identified
- Notify beneficiaries and relevant parties
- Pays debts and taxes
- Maintains records and keeps in touch with beneficiaries
- Trust assets are distributed according to instructions
Trustees are not required to obtain court approval, but they must still adhere to fiduciary obligations. The person in charge of both situations has legal obligations. The person in charge cannot just “do whatever they want”. They must act with good faith, maintain accurate records, and avoid conflicts of interest.
Even with a trust, probate may be necessary
Trusts can only be used to avoid probate on assets that are inside the trust.
We’ve seen situations where someone created a trust, but forgot to retitle the primary residence. Or, their trust included only one or two assets and left everything else out. The trust may be able to help, but probate will still be required for the transfer of the remaining assets. Bonardi & Uzdavinis LLP doesn’t just create trusts; we also guide clients through the steps of updating and funding them. Yes, the paperwork is important. Yes, the paperwork is important.
Which one is more cost-effective?
Again–it depends. The costs of probate include court filing fees, publishing fees, required attorney’s fees (in Florida), and much more. These costs can quickly add up, especially if the estate is large. Trust administration is usually less expensive. However, many trustees hire accountants or attorneys to help with the process. Probate may not be too expensive if the estate of a deceased person is small. For families with larger estates or those who want to avoid delays and drama, trust administration is the most cost-effective and efficient option.
Final Thoughts – Planning ahead is everything
The big takeaway is that neither of the processes is inherently good. These are just two different ways to manage what someone has left behind. Probate is a court-driven process. The trust administration is private. The first is slower and public, while the second is more flexible, but only with proper planning beforehand. Don’t guess if you are unsure of which option is best for you or your family, or if you have to deal with the estate of a deceased person. We help our clients plan their estates in a way that is both clear and compassionate at Bonardi & Uzdavinis LLP. We guide families with constant support through the probate process or trust administration when it comes to time comes. We can help you make informed decisions about your future or the legacy of someone else.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
