A will and a trust are both estate planning tools used to distribute your assets, but they work in different ways and take effect at different times. A will only becomes effective after you die and must go through probate, which is a court-supervised process for distributing a person’s assets. Because probate is handled by the court, the details of a will generally become public record, and the process can take time and involve legal costs. A trust, on the other hand, usually takes effect as soon as it is created and funded (in the case of a living trust) and can manage assets both during your lifetime and after death. Assets placed in a trust typically avoid probate, allowing them to be transferred to beneficiaries more quickly and privately. Another important difference is that a will does not help manage your assets if you become incapacitated, while a trust can allow a successor trustee to step in and manage the assets on your behalf.

A revocable living trust can help avoid probate, maintain privacy, and provide guidance for managing your assets if you become incapacitated. While a will is important, many families benefit from having a trust to simplify the transfer of assets and reduce court involvement. Generally, if you own real property a trust is usually recommended to be established.

Generally, we do not schedule the appointment for trust administrations until the client has the death certificate.

A conservatorship is a legal proceeding where a court gives someone the authority to make decisions for another person who cannot take care of themselves. The person who makes the decisions is called the conservator, and the person receiving help is called the conservatee.

This usually happens when someone is unable to manage their personal or financial matters because of illness, disability, or old age. The conservator may be responsible for things like paying bills, managing money, arranging medical care, or deciding where the person lives. Because this gives one person a lot of control over another person’s life, the court supervises the conservator to make sure they act in the conservatee’s best interests.

Probate is the legal process that happens after someone dies to make sure their assets are distributed properly. During probate, a court reviews the person’s will (if they have one), confirms that it is valid, and appoints someone—usually called an executor—to carry out the instructions in the will. The executor gathers the person’s assets, pays any debts or taxes owed, and then distributes the remaining property to the beneficiaries.

If the person did not leave a will, the probate court will follow state laws to decide how the assets are distributed and who will manage the process. Probate can take several months to over a year depending on the complexity of the estate.