Probate & Trust Administration
When a loved one passes away, the legal process of settling their estate begins immediately, whether anyone is ready or not. We guide families through probate and trust administration, handling the legal requirements so you can focus on what matters.
- We handle the court filings and deadlines
- Avoid costly personal-representative mistakes
- Compassionate, plain-language guidance
Free initial consultation. No pressure, just clear guidance.
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Tell us a little about your situation. We follow up within one business day.
What Is Probate?
Probate is the court-supervised process of authenticating a will, appointing a personal representative, gathering assets, paying debts, and distributing what remains to beneficiaries. It is supervised by a judge, requires court filings and hearings, and takes a minimum of several months in every state.
Assets held in a properly funded revocable trust pass outside probate entirely. Assets held in the decedent’s name alone generally must go through the court process before they can be transferred to heirs.
When a loved one passes, the legal clock starts, ready or not.
We take the filings, deadlines, and court process off your family’s shoulders so you can grieve.
When Probate Is Required
Real Property in Decedent’s Name
Real estate titled solely in the decedent’s name with no transfer-on-death deed or joint tenancy must go through probate to transfer ownership.
No Beneficiary Designation
Bank, investment, and retirement accounts without a designated beneficiary must pass through the estate and probate court.
Will-Only Estate Plan
A will instructs how assets should be distributed but does not avoid probate. All assets must still pass through the court process.
Assets Above the Small-Estate Threshold
Estates with probate assets above the state’s small estate threshold require a formal proceeding regardless of whether a will exists.
How to Avoid Probate
With the right plan in place, most families can keep their estate out of court entirely.
- Revocable Living Trust
- Assets in a properly funded trust pass directly to beneficiaries without court involvement. The most reliable probate-avoidance tool for families with real estate.
- Beneficiary Designations
- Retirement accounts and life insurance with named beneficiaries pass directly to those beneficiaries, outside probate.
- Joint Tenancy With Right of Survivorship
- Property held in joint tenancy passes automatically to the surviving owner. It must be set up correctly to avoid unintended consequences.
- Transfer-on-Death Deeds
- Available in Idaho and some other states, these let real estate transfer directly to a named beneficiary without probate.
How Probate Works, Step by Step
- 01
File Petition
A petition is filed with the probate court to open the estate and appoint a personal representative.
- 02
Authenticate the Will
The court reviews and authenticates the will. If there is no will, the court applies state intestacy law.
- 03
Notify Creditors
Creditors are notified by publication and directly. They have a limited window to file claims against the estate.
- 04
Inventory Assets
The personal representative identifies and values all probate assets.
- 05
Pay Debts & Taxes
Valid creditor claims, taxes, and administration expenses are paid from estate assets.
- 06
Distribute & Close
Remaining assets are distributed to beneficiaries and the estate is closed with the court.
Probate & Trust Administration Services
Whatever stage you are in, we can guide you through it.
Simplified Probate Options
Faster, lower-cost alternatives for estates that qualify, including small-estate affidavits and summary administration.
Learn more →Uncontested Probate
Full guidance through a straightforward, agreed probate, with every filing and deadline handled.
Learn more →Trust Administration
Guidance for successor trustees through every legal duty, from notifications to final distributions.
Learn more →Contested Matters
Will contests, trustee removal, and beneficiary disputes, resolved through settlement or court.
Learn more →We Will Walk You Through It
You do not have to navigate the court process alone. Travor Moses offers a free, no-pressure consultation.
Frequently Asked Questions
Uncontested probate in Idaho typically takes four to twelve months depending on the complexity of the estate, the responsiveness of financial institutions, and court scheduling. Contested matters or complex estates take significantly longer.
California probate is among the longest and most expensive in the country. A typical uncontested estate takes twelve to twenty-four months, and statutory fees based on gross estate value mean costs can be significant even for straightforward estates.
No. A will is a set of instructions for distributing your estate, but it does not bypass probate. Every asset subject to your will still goes through the court process. A funded revocable trust is the primary tool for avoiding probate.
Probate is a court-supervised process. Trust administration is handled privately by the successor trustee without court involvement, and is generally faster, less expensive, and completely private.
Guidance When Your Family Needs It Most
Probate and trust administration are easier with someone who handles them every day. Travor Moses offers free consultations to get you started.