A checklist brings order to a complex process. Use this as a guide to collect the necessary information and track your progress.
Documents to Gather
Begin by assembling essential paperwork. Having these documents organized will make every subsequent step easier.
- Original Trust Document: The foundational document outlining all instructions.
- Certified Copies of the Death Certificate: You will need multiple copies to close accounts, claim benefits, and transfer titles.
- Wills and Codicils: Even with a trust, there is often a “pour-over” will that works with it.
- Real Estate Deeds: To confirm properties are correctly titled in the trust’s name.
- Vehicle Titles: For any cars, boats, or other vehicles owned by the trust.
- Financial Statements: Recent bank, brokerage, and retirement account statements.
- Insurance Policies: Life insurance policies, homeowner’s insurance, and auto policies.
- Tax Records: The past three years of the deceased’s income tax returns.
- List of Debts: Mortgage statements, credit card bills, and other loan documents.
- List of Digital Assets: Login information for online accounts with financial value.
Timeline for Action
Act quickly. The administration process has a natural rhythm. Starting promptly helps you meet legal deadlines and keep the process moving forward.
First 30 Days
- Locate the trust documents and the will.
- Obtain certified copies of the death certificate.
- Notify immediate family members and beneficiaries.
- Secure tangible property like homes and vehicles.
First 60 Days
- Meet with an attorney to review the trust and your duties.
- Begin the process of identifying and inventorying all trust assets.
- Send a formal notice to all beneficiaries and heirs.
- Open a new bank account for the trust.
Within Six Months
- Complete the valuation of all assets.
- Pay all outstanding debts and bills.
- File any required notices with government agencies.
Within One Year
- File the deceased’s final income tax return and the trust’s income tax return.
- Prepare a formal accounting for all beneficiaries.
- Begin distributing assets according to the trust’s terms.
How an Estate Planning Attorney Can Help
Serving as a successor trustee is a significant responsibility, but you don’t have to navigate it alone; a trust administration attorney can help. An experienced estate planning attorney can guide you through each phase of post-death trust administration, ensuring you meet your legal obligations with confidence.
From reviewing estate planning documents and sending proper legal notices to managing creditor claims and preparing required tax filings, an attorney can help you avoid costly missteps. If questions or conflicts arise among trust beneficiaries, having a neutral legal advisor who is familiar with Arizona law in your corner can help prevent misunderstandings and preserve family harmony.
If you’re feeling overwhelmed or unsure where to begin, the team at Sorrell Estate & Probate Attorneys is here to support you every step of the way.
FAQs About Post-Death Trust Administration
What kinds of documents are involved?
The main documents are the trust agreement itself, the pour-over will, and the death certificate. You will also need financial records like bank statements, property deeds, and tax returns to properly inventory, manage, and distribute the estate’s assets.What if the beneficiaries disagree on something?
Disagreements are not uncommon. As trustee, your duty is to the trust instrument, not to any single beneficiary. An attorney can help interpret any ambiguous terms and communicate your responsibilities to the beneficiaries. This third-party guidance often helps resolve disputes before they escalate into formal legal challenges.