What To Do When Someone Dies

Trust administration is typically faster and more private - the successor trustee can manage and distribute assets according to the trust terms without court involvement. Probate is the court-supervised process required when there is a will (or no documents), involving court filings, public notices, and judicial oversight of the estate.

Trust administration often takes 6-12 months. Probate with a will typically takes 9-18 months. Intestate estates (no documents) can take 12-24 months or longer. Complexity, disputes, and state requirements all affect the timeline.

It depends on the situation. Simple trust administrations can often be handled without an attorney. For probate, some states allow lay personal representatives, while others require attorney involvement. Complex estates, disputes, or significant assets generally warrant professional guidance.

If no estate planning documents exist, the estate passes through intestate succession - state law determines who inherits. You would need to open probate and petition the court to appoint an administrator. Our checklist includes a path specifically for this situation.

A small estate affidavit is a simplified procedure for estates below a certain value threshold (varies by state, typically $25,000-$200,000). It allows heirs to collect assets without formal probate by signing a sworn statement. There is usually a waiting period after death.