TRUST AND PROBATE ADMINISTRATION

The Demiris Law Firm, P.C. has attorneys experienced in handling both trust and probate administrations. 

Trust Administration

A trust is a relationship.  A trust requires three things: a creator of the trust who funds the trust with propery, a person who administers the trust (trustee), and a beneficiary.  A trust administration may be needed both during a person’s life and after a person passes away to guide the next generation on how to properly administer the trust.  Making a mistake in the proper administration may result in a trustee being suspended, removed, surcharged, and held liable for breaches of trust.

Probate Administration

When a person dies with a will or with no will at all (and no trust) then the “estate” or property of the decedent passes by way of a probate.  In a probate administration the personal representative (executor, executrix, administrator, or special administrator) administers the estate of the decedent according the terms of the will (if there is one) and California law.  A personal representative who fails to properly administer a probate estate may be subject to suspension, removal, liability for breaches of fiduciary duty, and surcharge.