Probate & Trust

Probate & Trust Administration

When a loved one passes away, managing their estate can feel overwhelming, especially while navigating grief. At The Woodruff Law Firm, we provide compassionate, experienced legal guidance to help you handle the transfer of assets through probate or trust administration with confidence and clarity.

What Is Probate and Trust Administration?

Probate and trust administration are the legal processes used to transfer a person’s assets after their death. Which process applies depends on how the deceased person’s assets were titled before passing.

Our goal is to help you understand the legal steps required, minimize delays, and ensure that your loved one’s wishes are carried out accurately and efficiently.

Probate Services

When Is Probate Required?

Probate is typically required when a person dies owning assets in their name alone, without a joint owner or designated beneficiary. This includes:

Real estate titled solely in the deceased person’s name
Bank accounts without a named beneficiary
Personal property or other untitled assets

What Happens During Probate?

Probate is a court-supervised process that involves:

Filing the proper documents with the court
Appointing a personal representative (also called an executor)
Verifying the validity of the will, if one exists
Identifying and notifying heirs, beneficiaries, and creditors
Taking inventory of all assets owned by the deceased
Paying outstanding debts and taxes
Distributing remaining assets to the rightful beneficiaries

The process can be time-consuming and public, but with the right legal guidance, it can be managed smoothly and responsibly.

How to Avoid Probate

Proper planning can reduce or eliminate the need for probate entirely. Common probate-avoidance strategies include:

Titling property in joint tenancy with right of survivorship
Adding beneficiary designations (also called “transfer on death” or “pay on death”) to accounts and real estate
Creating and funding a revocable living trust

We can help you assess your situation and take steps to simplify things for your loved ones in the future.

Trust Administration Services

What Is Trust Administration?

When a person has created a revocable living trust, the trust continues to manage the transfer of assets after their death, without requiring court involvement. This process is known as trust administration.

Trust administration involves:

Notifying beneficiaries and creditors of the trust
Taking inventory of trust-owned assets
Paying debts, expenses, and taxes
Providing a formal accounting to beneficiaries
Distributing trust assets according to the trust’s terms

Benefits of Trust Administration

Compared to probate, trust administration offers several key advantages:

Privacy – Unlike probate, trust administration is not a public court process
Efficiency – The process is typically faster and less complex
Cost Savings – Beneficiaries avoid court filing fees and related expenses
Asset Protection – If properly drafted, the trust may protect inherited assets from lawsuits, divorce settlements, and creditors