What Happens After a Person With a Trust Dies?
The Successor Trustee’s Role
When the creator of a trust dies, the successor trustee is responsible for administering the trust.
This often includes:
- locating assets,
- notifying beneficiaries,
- handling real estate,
- paying debts,
- and distributing assets.
Many trustees have never handled these responsibilities before.
Common Trustee Questions
Successor trustees often ask:
- Do I need a lawyer?
- What notices must be sent?
- How long does administration take?
- Can property be sold?
- What if beneficiaries disagree?
The answers depend on:
- the trust terms,
- asset structure,
- and family dynamics.
Trust Administration Is Different From Probate
Unlike probate, trust administration often occurs outside court supervision.
However, trustees still have legal duties, including:
- acting in beneficiaries’ best interests,
- maintaining records,
- and properly managing trust property.
Mistakes can create liability for trustees.
Common Problems After Death
We often help families with:
- partially funded trusts,
- inherited homes,
- sibling disputes,
- missing assets,
- outdated trust documents,
- and Heggstad petitions.
Early guidance can often prevent larger disputes later.
Helping Trustees Navigate the Process
Trust administration can feel overwhelming, especially while grieving.
Our role is to help trustees:
- understand their responsibilities,
- avoid unnecessary mistakes,
- and move the process forward efficiently.
Law Office of Adam T. Evan 