A Practical Guide to Beginning Trust Administration
The days and weeks after a loved one passes away can feel overwhelming. While you’re processing grief, you may suddenly be faced with unfamiliar legal and financial responsibilities. If your loved one had a trust, you may know you’ve been named trustee—or suspect that you will be—but feel unsure about what you’re supposed to do next.
Beginning a trust administration is not about moving quickly. It’s about starting correctly. The earliest steps you take set the foundation for everything that follows. When handled properly, trust administration can proceed smoothly and privately. When handled incorrectly, even small missteps can lead to delays, legal exposure, or unnecessary conflict.
How to Begin a Trust Administration — The Right Way
Step 1: Pause and Confirm Authority
Before taking action, it’s essential to confirm who has legal authority to act. This means locating the trust document and verifying that you are the named successor trustee. Acting before authority is confirmed—even with good intentions—can create legal complications.
Step 2: Locate the Trust and Related Documents
The trust document is the roadmap for every decision that follows. In addition to the trust itself, you’ll want to identify any amendments, certifications of trust, pour-over wills, and asset schedules. These documents work together, and missing or outdated paperwork can change how administration must proceed.
Step 3: Secure Assets—Without Making Changes Yet
Early on, the goal is protection, not distribution. Assets should be secured to prevent loss or misuse, but not sold, transferred, or retitled until the legal framework is in place. Well-meaning trustees sometimes act too quickly, unknowingly triggering tax or legal issues that are difficult to unwind.
Step 4: Obtain Death Certificates and Information
Most financial institutions require certified death certificates before speaking with a trustee or taking next steps. Gathering these early helps prevent delays later. At the same time, it’s important to begin identifying accounts, properties, and ongoing expenses—without assuming everything is already titled correctly.
Step 5: Do Not Assume the Trust Is Fully Funded
One of the most common—and costly—mistakes occurs when trustees assume all assets are properly held in the trust. In reality, homes, bank accounts, or investments are often missing or incorrectly titled. Identifying these issues early can prevent probate, penalties, and legal exposure for the trustee.
Step 6: Get Legal Guidance Before Sending Notices or Making Decisions
Trustees have legal duties to beneficiaries and must comply with specific notice requirements and timelines. Missing a required notice, misunderstanding a duty, or making premature distributions can expose a trustee to personal liability. This is where professional guidance is not just helpful—it’s protective.
Why Legal Support Matters at the Beginning
Trust administration is not something most people do more than once, and it often happens during one of the hardest seasons of life. Starting without guidance can lead to mistakes that are far more expensive and stressful to fix later. Working with an experienced trust administration team from the outset ensures:
- All legal requirements are met from day one
- Assets are handled properly and in the correct order
- Trustees are protected from personal liability
- Beneficiaries receive clear communication and fair treatment
- The process moves forward efficiently and correctly
If you’ve been named trustee—or believe you may be—it’s okay to not have all the answers. Beginning a trust administration the right way can make all the difference for you and your family.
We’re here to help guide you through the process from the very first step, ensuring everything is handled legally, thoughtfully, and in alignment with your loved one’s wishes—so you don’t have to navigate this alone.