How Do I Settle a Trust?
Add the trust's financial accounts, property, insurance, government agencies, and digital accounts. The plan compiles each one's process, contacts, and required documents on top of your state's trust administration rules - into one document.
Frequently Asked Questions
The immediate priorities are obtaining certified death certificates (typically 10-15 copies), locating and reading the trust document, securing trust property, and obtaining an EIN for the trust - at the grantor's death a revocable trust becomes irrevocable and needs its own tax identity. The plan orders each step by priority.
No court proceeding is required for assets titled in the trust - the successor trustee administers and distributes them privately under the trust terms. Probate only enters the picture for assets the grantor left outside the trust, or if a dispute requires judicial resolution. Use the probate decision tool to check whether any outside assets need a court filing. A revocable trust set up through SimplyTrust puts your own estate on this same no-probate path.
Most trust settlements complete in 6-12 months. The main variables are how quickly financial institutions process death claims and retitle accounts, the trust's tax filings, how the grantor's debts are resolved, and whether any real estate needs to be sold. Disputes among beneficiaries extend the timeline.
It depends on the situation. Simple trust administrations - clear terms, cooperative beneficiaries, ordinary assets - are often handled without an attorney. Contested trusts, significant tax exposure, ongoing sub-trusts, or unclear document language generally warrant professional guidance. Consult a licensed attorney for legal questions about a specific trust.
Assets the grantor never retitled into the trust pass through the pour-over will instead. Where their combined value falls under the state's small estate threshold (varies by state, $15,000 to $400,000), they can usually be collected by affidavit without opening probate - see the small estate affidavit. Above it, a probate case runs alongside the trust settlement.
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn moreForms for Settling an Estate
Free forms for settling an estate: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Tools for Settling an Estate
Free tools for settling an estate: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
What's Fair Trustee Compensation?
Find out what fair compensation looks like for serving as trustee.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need and see ordering info for your state.
Do I Need Probate?
Find out if an estate needs probate or qualifies for simplified procedures.
How Do I Open a Trust Account at My Bank?
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
Do I Have to File Tax Returns for Someone Who Died?
Find out which tax returns need to be filed after someone dies and whether tax clearance is required.
How Do I Settle an Estate?
Personalized plan for settling an estate after someone passes away.
