When a California resident passes away, state law generally requires the estate to go through some form of estate administration. At Trusts and Estates Group in San Luis Obispo, attorney Jed Hazeltine applies nearly 25 years of practice experience in helping Central Coast executors, trustees, and other personal representatives navigate the probate and trust administration process. Jed carefully guides the client through the required process, ensuring that all fiduciary responsibilities are fulfilled.
Attorney Jed Hazeltine, founder and owner of Trusts and Estates Group, is a Certified Specialist in Estate Planning, Trust and Probate Law by The State Bar of California. He also holds a Masters of Laws (LL.M.) in Taxation and is a licensed professional attorney fiduciary. Jed’s exceptional credentials and many years of experience enable him to address the most complex probate and trust administration issues.
In his estates and trusts practice, Jed maintains a steadfast commitment to providing exceptional service to every client. One important manifestation of this dedication is maintaining close communication throughout representation. His ultimate goal is to assume as much of the burden or probate and estate administration as possible, to allow a deceased person’s loved ones to focus on grieving their loss and supporting each other.
In some cases, settling an estate gives rise to disputes or disagreements among the interested parties. Jed’s law practice includes handling all types of trust and estate litigation. That experience and skill enables him to apply his knowledge and skill to resolve disputes and avoid litigation in probate and trust administration, in addition to providing representation in court actions that occur during settlement of the estate.
When a California resident passes away, state law provisions determine the legal process for administering the deceased person’s estate. The laws provide for several different processes. For a specific estate, the required process depends primarily on the nature and value of the property in the estate and the provisions of any valid legal documents executed by the decedent prior to death.
In most cases, it is advisable for a deceased person’s loved ones to talk with an experienced probate and trust administration lawyer to determine what legal requirements apply to the administration of an estate. The attorney also assists with determining who is eligible to serve as the personal representative of the estate, which is also governed by state law.
Probate administration and trust administration are the two primary types of estate administration. For the majority of estates, one or both will be required. Probate is a formal court-supervised process for administering an estate; the personal representative of the estate is responsible for complying with all applicable requirements under the Probate Code. Trust administration is the process that applies when the decedent created a trust for distribution of the estate; the trustee or successor trustee named in the trust instrument is responsible for carrying out trust administration.
In both types of estate administration, the personal representative and trustee have substantial fiduciary duties — the highest level of legal responsibility under state law — in administering the estate. Fiduciaries risk personal liability if they do not properly execute their duties as required by state law. As such, every personal representative and trustee should retain the services of a knowledgeable probate and trust administration attorney to guide them through the legally required process.
Probate is required for many estates that do not have a trust, regardless of whether the decedent left a valid will (last will and testament). There is an exception for estates that qualify as small estates or meet other criteria, in which case the probate process may be completed by one of several “simplified” processes, which, nevertheless, require an understanding of the Probate Code. If there is a valid will, the provisions of the will govern distribution of the estate property. If there is no will, state laws of intestate succession determine who inherits the property in the estate.
Some property — such as property deposited into a trust before death, property jointly owned with a right of survivorship, and assets with a named beneficiary — does not ordinarily go through the probate process. Most other property owned by the deceased person must go through the probate process. Even if the decedent had a trust, property not transferred into the trust prior to death may have to be probated.
Determining the nature of assets in the estate as non-probate or probate property requires professional guidance from a probate lawyer. This task is part of the role of a lawyer who assists in the probate process. A probate lawyer’s assistance may also be required to determine who qualifies to be the personal representative of the estate. An executor named in a will has priority under the law. If there is no executor, statutory provisions determine who is eligible, in a priority order.
The probate process in California is often lengthy and can be complex and detailed, requiring many steps and timelines for completion. After determining that probate is required and identifying the person who qualifies for appointment as the personal representative, probate is initiated by filing a probate petition and related documents.
After the probate petition is filed, the prospective personal representative applies to the court for letters testamentary (for an executor) or letters of administration (for another personal representative). After the court grants letters designating the personal representative for the estate, that person has authority to administer the estate. Until that time, no one has any legal authority over property in the estate.If necessary, a special administrator can be appointed on an emergency basis to protect the estate until an executor or personal representative can be appointed.
The personal representative begins the probate process by collecting, inventorying, and valuing the property in the estate. The personal representative also identifies and pays debts and expenses of the estate. In addition, tax returns for the decedent and the estate must be prepared and filed. Property in the probate estate may be distributed only after the personal representative has completed all required steps in the probate process and a distribution plan is approved by the court.
If a decedent created a trust to distribute property, the trustee or successor trustee named in the trust instrument is responsible for trust administration, which is the process of collecting and distributing the assets and property held in the trust estate. Distribution is subject to all the terms stated in the trust. A trustee is also legally required to comply with specific provisions of state and federal law and fulfill significant fiduciary duties in administering the trust. Failure to comply with laws or the trustee’s fiduciary duties may result in personal liability. A trustee who is not a professional fiduciary should retain an experienced trust administration attorney for assistance with administering and managing a trust.
Trust administration involves some responsibilities similar to those of the personal representative in probate administration, such as collecting, inventorying, and valuing assets, providing regular accountings and paying debts and expenses. Unlike probate, trust administration is not supervised by the court. However, the trustee must perform all aspects of administering and managing the trust assets and property in compliance with the fiduciary duties imposed by law, as well as the provisions of the trust instrument.
In some cases, all trust property is distributed to the beneficiaries when all necessary steps of administration are finished. In other cases, the trustee may have the responsibility of making ongoing distributions to the beneficiaries. In both situations, a trust administration attorney assists the trustee with all aspects of trust implementation, which may include:
The nature of the assistance provided to the trustee varies, depending on the terms of the trust and the circumstances of the estate, as well as the capabilities of the trust administration attorney. Because attorney Jed Hazeltine has a tax degree, certification from the California Bar and decades of legal experience as an estate planning attorney, estate litigation attorney and professional trustee, he is especially well-qualified to work with trustees to ensure that all legal requirements for administration of the trust are satisfied.
From the Trusts and Estates Group office in San Luis Obispo, attorney Jed Hazeltine provides probate and trust administration services to executors, personal representatives, and trustees throughout the California Central Coast region. To schedule a consultation with Jed, please call (805) 439-2323 or reach out through the online contact form.
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