Next steps if the deceased left a will and a trust

If your loved one left a will and a trust, there are a few ways to proceed.

Your primary goal may be to avoid probate, which is known for being expensive and time-consuming. Some wills are designed so well that all property is accounted for, and there are no disputes or other issues that will require probate. Still, we recommend involving an estate attorney to look over the will and verify that probate won’t be necessary. We offer a verified network of legal help, which you can access by clicking here.

The good news is, if your loved one left behind a trust, you may be in better position to avoid probate. Upon death, assets in a trust are passed to the beneficiaries by execution of the trust document, which is often cut and dry. If you were named as the executor of the trust, you can find a guide for administering it by clicking here.

Another way to avoid probate is if the estate qualifies as a “small estate.” A “small estate” is defined as an estate small enough to pass without probate. Different states have different benchmarks for deciding what qualifies as a small estate. To determine if your loved one’s estate qualifies as “small,” follow the steps found here. (And if it does qualify, find out how to file a small estate affidavit, and where to send it, by clicking here.)

If you don’t manage to avoid probate, all is not lost. Many states have recognized how difficult the process can be, and have taken steps to simplify it. To prepare to go through probate, follow the steps outlined here.

Also, if you were not named as the executor of the will, but the executor who was named died or is otherwise unable to perform, you can file a petition to become the executor by following the steps found here.