How Do I Settle an Estate?

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. Settling a trust? The Trust Settlement Plan covers that path. A revocable trust set up through SimplyTrust puts your own estate on the trust-administration path.

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. Our Probate Self-Filing Guide covers whether probate in a given state can be handled without an attorney.

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 plan builder 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, $15,000 to $400,000). It allows heirs to collect assets without formal probate by signing a sworn statement. There is usually a waiting period after death. Check our Probate Self-Filing Guide to see if your state offers this option.