Trust Administration Attorney in New York & NJ

Trust administration is the private, non-court process of settling a loved one's estate when most or all of their assets were held in a revocable living trust during their lifetime. Unlike probate — which requires court supervision, public filings, and formal Surrogate's Court proceedings — trust administration is handled by the successor trustee according to the terms of the trust document, without court involvement (unless a dispute arises).

The grantor, the person who created the trust, typically served as their own trustee during their lifetime. When they pass, the person named as successor trustee takes over. The successor trustee's role is to wind down the trust: gather assets, pay debts and taxes, provide the required notices and accountings to beneficiaries, and distribute what remains according to the trust's instructions. If the trust is a continuing trust — meaning it holds assets for beneficiaries over time rather than distributing everything immediately — the trustee also has ongoing investment and administrative obligations that continue for years.

Many families are surprised to learn how much legal complexity can exist even when a trust was well-drafted and the estate is cooperative. Real property must be retitled. Investment accounts must be transferred. Tax returns must be filed. Beneficiaries must be notified according to legal requirements. A trust administration attorney ensures each step is taken in the right order, properly documented, and legally sound.

Key Responsibilities of a Successor Trustee

• Locating and reviewing the trust document — Including all amendments (called "restatements") to ensure you are working from the current, governing version of the trust.
• Notifying beneficiaries — New York requires trustees to notify qualified beneficiaries within a reasonable time. Notice must include specific information about the trust and the beneficiary's rights.
• Collecting and retitling trust assets — Bank accounts, real estate, brokerage accounts, and other assets in the trust name must be formally transferred to the successor trustee's name as trustee.
• Funding the trust with pour-over assets — Assets that were not transferred into the trust during the grantor's lifetime but pass through a "pour-over will" must go through probate before being added to the trust.
• Paying debts, expenses, and taxes — All valid debts, funeral expenses, and administration costs must be paid before distributing assets. Tax returns must be filed and any taxes paid or reserved before distribution.
• Distributing assets to beneficiaries — Only after all obligations are resolved can the trustee make final distributions and prepare the closing accounting that documents the complete administration.