Upon death, the assets in
your estate must be distributed to the beneficiaries. The
form which this distribution takes depends upon the existence
or non-existence of a trust.
Trust Administration
If you die having established a trust to hold your assets
during life, the trust can be used to distribute your assets
upon death. This process, known as trust administration, is
a relatively speedy process by which the successor trustee
collects the assets of the trust and distributes them according
to the terms set forth in the trust agreement. The process
is completely private and between only the trustee and the
beneficiaries.
Probate
If you die without a trust to hold your assets, those assets
must be distributed to the beneficiaries through a process
known as probate. Probate involves petitioning the court for
permission to exercise control over your assets, and ultimately
distribute those assets to the beneficiaries. This process
is a public proceeding and generally takes longer to complete.
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