L. Phillips Runyon III
Principal Attorney
Probate and Trust Administration
We help executors, trustees, and families work through probate and trust administration in a practical, orderly way.
Probate administration usually begins with filing a petition and, if there is one, the will in the Probate Court for the county where the decedent lived. Even a relatively uncomplicated estate can take many months and involve a series of notices, filings, deadlines, and fiduciary responsibilities.
At the outset, many families are simply trying to answer a few basic questions. Does this estate need to go through probate at all? Who is responsible for acting? What has to be gathered, valued, protected, or distributed? Those are practical questions, and the answers often depend on how assets were owned, whether there is a will, whether a trust is involved, and whether there are real estate or business interests that complicate the picture.
Trying to gather the main records and questions before speaking with the office? Our Probate and Trust Administration Preparation Checklist can help you organize the first conversation.
View the Probate and Trust Administration Preparation Checklist
Need a clear starting point for common estate planning, probate, and trust terms? Our legal terms index points you to key concepts and related Food for Thought posts.
When Probate Administration May Be Necessary
Not every estate has to pass through the Probate Court. Some assets move outside probate because they are held in joint ownership, pass by beneficiary designation, or are already titled in the name of a trust. Other assets still require a court-supervised probate administration in order to move legal title to the proper beneficiaries.
Where probate is needed, the work generally includes opening the estate, giving required notices, collecting and safeguarding assets, preparing an inventory, addressing debts and taxes as needed, and completing the final distribution. Even when an estate seems straightforward, there are deadlines, filings, and fiduciary responsibilities that should be handled carefully.
What an Executor or Administrator Does
The person in charge of a probate estate is often called an Executor if there is a will, or an Administrator if there is not. In either role, that person is acting as a fiduciary. The job is not merely ceremonial. It can involve dealing with financial institutions, coordinating information from family members, keeping records, communicating with beneficiaries, handling real estate or personal property issues, and making sure the estate administration follows the proper legal order.
For many people, the hardest part is not the paperwork alone. It is trying to manage the paperwork while also managing grief, family logistics, and the practical demands that arise after a death.
Trust Administration
If you or a loved one has set up a Revocable Trust, the administration process after death is often simpler than its Probate Court counterpart, because trust administration usually occurs outside the probate process. That does not mean there is no work to do. A Trustee or successor Trustee may still need to gather and manage trust assets, review the trust terms, communicate with beneficiaries, keep records, pay valid debts and expenses where appropriate, and make the final distributions correctly.
Sometimes the questions are practical rather than technical. What should be done first? How should the trust handle a house, investment accounts, or out-of-state property? What should be documented for beneficiaries? Those are the kinds of issues that often arise in real trust administration matters.
Real Estate, Business Interests, and Other Complications
Administration matters often become more involved when the estate includes a home, family land, closely held business interests, or property that needs to be sold or transferred. In those situations, probate or trust administration may overlap with real estate transactions or business planning and succession planning. It is helpful to address those pieces in coordination rather than as isolated tasks.
Family circumstances can also complicate administration. Beneficiaries may need clearer communication. A fiduciary may need help understanding the limits of the role. There may be questions about what belongs in the probate estate, what belongs to the trust, and what passes outside both.
How Administration and Estate Planning Fit Together
Many of the problems that arise during administration begin with older or incomplete planning documents. That is one reason estate planning and post-death administration are so closely connected. Families who have been through probate or trust administration often come away with a much clearer sense of what they want their own plans to accomplish.
When a probate or trust dispute has resulted in a judgment or reviewable order, our New Hampshire civil appeals practice can evaluate potential issues for appeal and responses to an appeal.
Families often appreciate working through an administration matter with a local office they can actually reach, especially when the estate includes regional property or when in-person meetings make the process easier. From Peterborough, our office regularly assists families from Hancock, Jaffrey, Rindge, Wilton, Dublin, Marlborough, Harrisville, Keene, Milford, Greenfield, Greenville, and nearby Monadnock Region communities.
Work with the attorneys who handle this area
Jaran R. Blessing
Attorney
Jacqueline M. Blessing
Attorney
Appellate-focused counsel with experience in an appeals-only practice, an Attorney General appeals division, and the Merrimack County Superior Court.
Related services
Estate Planning
We help clients in Peterborough and the Monadnock Region put wills, trusts, powers of attorney, and advance directives in place with an eye toward both lifetime planning and what comes later.
Elder Law
Practical elder law guidance for incapacity planning, long-term care concerns, Medicaid-related issues, and guardianship questions in New Hampshire.
Real Estate Transactions
Legal help with real estate transactions, deeds, purchase and sale agreements, title questions, and trust or estate-related property transfers.
Related guidance from Food for Thought
January 18, 2012
A Probate Alternative by Phil Runyon
A Probate Alternative Nearly every family has a horror story about "probating" a relative's estate, the usual complaints being about how long it took, how much...
September 17, 2013
Probate Avoidance Revisited by Phil Runyon
**Probate Avoidance Revisited I've mentioned before - harped may be more like it - about doing your best to keep your family from having to endure the delay (mo...
Common questions
Practical answers to common questions
Does every estate have to go through probate?
No. Whether probate is needed depends on how assets were owned, whether beneficiary designations are in place, and whether a trust or other non-probate transfer mechanism controls the property.
For example, some assets may pass outside probate by joint ownership, beneficiary designation, or trust ownership. Other assets may still require court-supervised administration before title can move to the proper people. If you are unsure, gathering account statements, deeds, beneficiary information, and any will or trust is a practical first step before a Probate and Trust Administration consultation.
What should an executor do first after someone dies?
The first steps are usually to locate the will, order death certificates, secure property, identify immediate bills, and begin gathering information about assets, debts, beneficiaries, and family contacts. It is usually better to gather and protect information before making promises about distributions.
If probate appears necessary, the executor may need to file paperwork with the Probate Court before having formal authority to act. A Probate and Trust Administration attorney can help sort out what must be filed, what can wait, and what records should be kept from the beginning.
What does an executor or administrator actually do?
An executor or administrator is the fiduciary responsible for administering a probate estate. The role can include gathering information, protecting estate assets, giving required notices, working through court filings, addressing debts and taxes as needed, keeping records, and making distributions in the proper order.
The job is not only paperwork. It may also involve communicating with beneficiaries, coordinating real estate or personal property, and making sure the estate is not distributed before the fiduciary understands what the estate owns and owes. Those responsibilities are a common reason people seek Probate and Trust Administration guidance.
What is the difference between an executor and a trustee?
An executor handles a probate estate under a will and court process. The role usually begins after death, when the Probate Court appoints the executor to administer assets that are part of the probate estate.
A trustee manages property held in a trust according to the trust document and the trustee's fiduciary duties. A trustee may act during life, after incapacity, or after death depending on the trust terms. In some families, the same person may serve in both roles, but the duties and source of authority are not the same. These distinctions matter in Probate and Trust Administration.
How long does probate usually take?
Probate often takes months, not days. The timing depends on the assets involved, the court process, creditor issues, tax questions, real estate, family cooperation, and whether any disputes arise.
A simple estate may move more smoothly than one involving a house sale, unclear title, missing information, or conflict among beneficiaries. During a Probate and Trust Administration consultation, it is usually helpful to ask what steps are likely in your particular situation and which issues may affect timing.
What should a successor trustee do after death?
A successor trustee should locate the trust document, confirm that the trustee's authority has begun, identify trust assets, protect property, gather records, and review what the trust says about notices, expenses, and distributions. It is important to understand the trust before moving assets or making distributions.
Trust administration often happens outside Probate Court, but it still carries fiduciary duties. A trustee may need guidance on records, beneficiary communication, taxes, real estate, or the connection between trust assets and probate assets. Those issues are part of Probate and Trust Administration.
When should a family contact a probate attorney?
A family should consider contacting a probate attorney when no one is sure whether probate is needed, when a person has been named executor or trustee, when real estate or business interests are involved, or when family members disagree about the next steps.
Early advice can help avoid preventable mistakes, especially before assets are distributed, property is sold, or court deadlines are missed. The first meeting for a Probate and Trust Administration matter is often about triage: what exists, who has authority, and what has to happen next.
What documents are usually needed after someone dies?
Useful documents often include the death certificate, will, trust, deeds, recent account statements, beneficiary designations, vehicle titles, life insurance information, tax records, bills, funeral information, and names and addresses of close family members and beneficiaries.
Not every family will have all of these records immediately. The point is to start building a reliable picture of the assets, debts, and documents that control the administration. Our Probate and Trust Administration Preparation Checklist can help organize that first round of information.
More questions about this area
We keep a broader set of practical questions organized by practice area, including probate and trust administration.
Peterborough office
Need help with the next administration steps?
If you are serving as an executor, administrator, or trustee, the Peterborough office can help you understand the next steps, keep records in order, and move the process along carefully.