PROBATE & TRUST ADMINISTRATION
If your loved one has passed away, our experienced and caring probate and trust attorneys can assist you through the process of handling their affairs. Whether your loved one had a Trust, a Will, or no estate plan at all, our attorneys have answers to all your questions and can expertly handle all sizes and types of financial and family situations. We understand this is a very difficult time for you. Our goal is to give you and your loved ones closure as soon as possible.
We understand this may be a confusing and stressful time. Let our experienced attorneys take some weight off of you.
What Is Probate?
Probate is the administrative process where an executor (also referred to as a “Personal Representative”) works with a court to handle the debts, and distribute the assets, in a loved one’s estate.
Unfortunately, probate is a bureaucratic and time-consuming process which occurs during a difficult and emotional time in our clients’ lives. TuckerAllen will work with you to make this process as fast and easy as possible, so that you can focus on the things that truly matter.
What is Trust Administration?
Trust administration is the process where a Trustee manages the assets and debts in loved one’s Trust according to their directions. A Trustee has many duties to fulfill, including some required by law. Our experienced attorneys will provide as much or as little support as is requested by the Trustee.
How Do I Know if I Need to Go Through Probate or Trust Administration?
Whether probate and/or trust administration is needed depends upon how your loved one’s assets were held and what type of assets they were (car, bank account, retirement account). We recommend setting up an appointment with one of our attorneys to review the situation and determine if a probate or trust administration is necessary, and if so, what type.
Who Acts as Executor or Trustee?
To know if you are the one in charge of handling the probate or administration, the Will or Trust should nominate someone to act. If you have been nominated and are willing to serve, you are the one who needs to initiate the probate or trust administration process. If there is no will or trust, or everyone nominated is deceased or unwilling, virtually anyone over age 18 can nominate themselves to handle a probate process as the executor. A Trust without a Trustee may require more complicated procedures to know who is allowed to become a Trustee.
How Long Does Administration Last?
This depends upon the type of probate matter opened or the terms of the trust, the number and type of assets, your degree of motivation and organization, and how cooperative the beneficiaries are. It ranges between two months and several years, with most matters resolved in the 8-12 month range. Your attorney can further set your timeline expectations during your initial consultation.
Why Choose TuckerAllen
At TuckerAllen, we strive to make your probate or trust administration as easy, timely, and efficient as possible. We will work with you to uncomplicate the complicated. While these processes can be lengthy due to creditor waiting periods and tax filings, we pride ourselves on our responsiveness and service.
We offer as many flat-rate probate services as we are able, so you can know the costs upfront, with no surprises. Unfortunately, some probate and trust administration matters cannot be offered on a flat-rate basis, simply because each person’s affairs after death are so different. We offer what flat-rate services we can, and an estimate of costs on those we cannot.
When you choose TuckerAllen for your probate or trust administration, you know you are getting an attorney who is experienced in this area of the law. This allows your matter to be handled as predictably, fast, and efficiently as possible. We also have a network of estate buyers, real estate agents, financial advisors, CPAs, and other types of professionals waiting to make your duties a little bit easier.
Start With an Initial Consultation
This conversation should only take about an hour, but ultimately depends upon your needs. We estimate this cost to be approximately $250-300. This fee may be waived if you engage us for one of our packages. This fee may also be reimbursable as a legitimate business expense to the trust or probate estate you are administering.
We understand that not everyone lives near our offices, so we offer virtual and phone consultations. Location for a Trust or Probate matter is largely determined by the deceased person’s state and county of residence or where they own real estate, which means that you may be an executor or Trustee for someone who lived in Missouri or Illinois but you live in another state entirely. We work with you to make things as easy as possible, even if you are an out-of-town client.
There is no preparation necessary for this initial meeting, and you are not required to bring anything with you. However, it will be very helpful to provide us with the following:
- Death certificate
- A will or trust, if the deceased executed them
- Proof of assets and debts (car titles, bank account statements, house deed, bills)
- Contact information for family members and beneficiaries
By the end of the meeting, we should be able to tell you what the next steps are and estimate their costs.
Or feel free to give us a call: (314) 335-1100
If our current office availability does not match with your schedule, please contact us at [email protected]. We have a limited number of weeknight and Saturday morning appointments available and would love to accommodate you.
Probate and Trust Administration Fees
Trust or Probate Initial Consultation
If a loved one has passed away and you are responsible for handling their affairs, this initial meeting will make sure we are a good fit, recommend a course of action, and estimate the costs moving forward.
Hourly rate: $250-$295
Consultation time depends on your needs.
While we charge an initial consultation fee, it will be waived if you engage TuckerAllen for one of our packages during your consultation.
Probate & Trust Administration Services
Basic Administrative Package
Includes client meeting, Petition to Admit Will to Probate, Filing Fee, Query of the Life Insurance Database, Publication of Notice to Creditors, 1 EIN Application, and 1 Certificate of Trust.
Small Estate Affidavit Package
Includes client meeting, Application for Small Estate Affidavit, Filing Fee, Publication Fee, and instruction on how to use the approved Affidavit.
IL: Varies by County
Determination of Heirship Package
Includes initial client meeting, Petition for Determination of Heirship, Court Hearings, Bond Application, Proposed Order, and preparation of Inventory.
Full Probate Administration
Includes client meeting, Petition for Letters, Inventory of Assets, Creditor Hearing, Waivers, Proposed Distribution Order, etc.
Greater of Hourly or Statutory Fee
Includes initial client meeting, Petition to Admit Will to Probate, Query Life of the Insurance Database, Publication of Notice to Creditors, EIN Applications, Certificates of Trust, Preparation of Required Notices, Correspondence with Beneficiaries, Inventory, Waivers, Distribution of Assets, Final Accounting, etc.
Includes initial client meeting, Petition for Guardian - and/or Conservatorship, Coordination with GAL, Court Hearings, Bond Application, Proposed Order, and preparation of Inventory. Additional services upon request.
Estimated Fee $3000+
Spousal / Minor / Creditor Refusal Package
Includes client meeting, Application for Refusal, Filing Fee, and instructions on how to use the approved Application
Business Formation Package
Includes client meeting, Registration with Secretary of State, Filing Fee, By-Laws or Operating Agreement, S-Corp Election, EIN Application, and MO Tax ID Application
Basic Business Succession Package
Meeting Minutes to Authorize Assignment or Transfer on Death of Business, and new Membership Interest Certificate or Stock Certificate
Additional Fees & Services
Moves you to the front of the line. Your attorney will provide you with a date of when your documents will be ready, which varies on a case-by-case basis.
Any type of real estate deed, including warranty deeds, beneficiary deeds, trustee’s deeds, and personal representative deeds.
With Package: $200