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Estate administration is the process estates must undergo before the decedent’s assets can be distributed to beneficiaries pursuant to the decedent’s will, or if there is no will, pursuant to the laws of intestate succession. At the helm of estate administration is the executor or administrator, who begins overseeing the estate once they are officially appointed to the role by the court.
Trust administration is the process trusts must undergo before trust assets can be distributed to beneficiaries. At the helm of trust administration is the successor trustee, who takes over management of the trust upon the death or incapacitation of the settlor, who usually serves as the initial trustee of a trust.
Executors and trustees share many of the same administrative responsibilities, including:
Both executors and trustees are fiduciaries, which means that they have a duty to always act in the beneficiaries’ best interests. If they don’t, they could be sued. The best way to avoid such situations is to have skilled estate and trust administration attorneys on your team to guide you and assist with your duties. Executors and trustees almost always have the right to pay for the services of attorneys and other professionals with estate or trust funds, so long as their services provided a benefit to the estate or trust, respectively.