Pfarr & Rethore provides a full range of trust administration and probate services to its clients. Whether someone dies intestate, with a will or trust, every estate needs to be administered. There is a misperception by the public that if assets are jointly held or payable on death to someone else, an administration is unnecessary. However, this is not true.

Who needs to administer an Estate?

Everyone will need to do this at the time of someone's death. Whether it is on the death of the first or last spouse, an administration needs to occur. As an experienced estate planning law firm, we cannot strongly encourage you enough to proceed with a proper administration. More often than not, the family needs to address serious personal and financial matters, including issues relating to personal income and estate tax matters, creditor notices and settlement, title transfer of assets, and distribution to any named beneficiaries. It may be simply to transfer assets to beneficiaries or to document the new tax cost basis in property to achieve more favorable income tax treatment for beneficiaries. In any event, some sort of administration will always be required. It will just depend upon the circumstances as to how extensive it needs to be. There are serious consequences to not doing an administration and failure to do so may be a breach of one's fiduciary duties as Personal Representative of the Estate or Successor Trustee of the trust, which could result in personal liability to you. In short, timing is critical.