Trust and Probate Administration Services in Wauwatosa, Pewaukee, Shorewood and Milwaukee
When a loved one passes away, families often face a difficult and emotional time. In addition to grief, there are legal responsibilities that need to be taken care of. The Collins Law Firm, based in southeastern Wisconsin, including Wauwatosa, Pewaukee, Shorewood and Milwaukee, offers expert trust and probate administration services to help families through this difficult process. Our team of professionals is dedicated to providing clarity, efficiency and compassion throughout the whole process.
Whether your loved one has established a trust, left a will, or has no formal estate plan in place, our experienced attorneys can help guide executors, trustees, and beneficiaries through each step of the estate settlement process. We ensure legal compliance, minimize delays, and honor the decedent’s final wishes.
Understanding the Two Paths of Estate Administration
Estate administration can follow one of two main paths: trust administration, which occurs when a revocable or irrevocable trust is in place, or probate administration, which happens when assets are passed through a will or by intestate succession. Each path has its own set of timelines, requirements, and legal considerations.
The key difference between trusts and probate is that trusts typically avoid going through the probate process, which offers a more private and flexible way to distribute assets and can often be faster. In contrast, probate involves court oversight, which can be time-consuming and public. Both options require careful attention to details, but professional legal advice can make a significant difference in ensuring a smooth process.
Trust Administration: Private, Efficient, and Still Legally Complex
When a properly funded living trust is included in an estate plan, most assets avoid probate entirely. The named trustee takes over the responsibility of managing the trust in accordance with its terms. This avoids court involvement, but does not eliminate all legal obligations.
The trustee has several critical responsibilities that must be fulfilled, including:
- Notifying all beneficiaries according to Wisconsin law
- Gathering and reviewing all relevant legal documents, such as the trust agreement, deeds, account statements, and tax records
- Paying valid debts, final expenses, and applicable taxes, including income and estate taxes
- Managing or selling real estate and other assets according to the trust’s directions
- Maintaining detailed records of income, expenses, and distributions
- Distributing assets to beneficiaries in accordance with the instructions in the trust
This process typically takes between 3 and 12 months, depending on the size and complexity of the trust. Mistakes, such as failing to notify beneficiaries or improperly handling tax filings, can expose the trustee to personal liability or lead to disputes among the heirs.
That’s where a trusted trust administration attorney from Collins Law Firm can be invaluable. We work closely with trustees in Wauwatosa, Pewaukee, Shorewood and throughout the Milwaukee area to ensure that every legal requirement is met, deadlines are respected and distributions are handled fairly and efficiently.
Probate Administration: Court-Supervised Settlement of the Estate
When a person dies, their assets may need to go through a legal process called probate. This process is supervised by a court and is used to validate a will, settle any debts, and distribute the remaining property.
In Wisconsin, the probate process begins when someone files a petition with the county’s circuit court. If a valid will is present, the court typically appoints the person named in the will as executor. If no will can be found, the court may appoint a close relative or other suitable person as administrator of the estate.
The probate process typically includes the following stages:
- Official appointment of an executor or administrator.
- Publication of a notice to creditors and notification of known creditors.
- Inventory and valuation of estate assets.
- Payment of debts, funeral expenses, and other administrative costs.
- Filing of income and estate taxes.
- Submission of accounting reports to the court.
- Court-approved distribution of assets to heirs or beneficiaries.
Probate in Wisconsin can take anywhere from 4 to 18 months, depending on the complexity of the estate, whether there are any disputes, and how quickly the paperwork is filed. Without legal assistance, executors may face challenges with court procedures, creditor’s claims, or beneficiary’s expectations.
At Collins Law Firm, we provide comprehensive probate administration services, from opening an estate to its closure. This allows you to fulfill your responsibilities with confidence and peace of mind.
Why Legal Guidance Matters in Both Processes
While trusts can avoid probate, they do not automatically execute themselves. Similarly, having a will may seem like a simple solution to avoiding a messy probate process, but it still involves fiduciary responsibilities, tax implications, and potential family conflicts that require skilled legal guidance.
Common challenges that we help clients with include:
- Interpreting ambiguous language in wills and trust documents
- Resolving disagreements among beneficiaries
- Managing real estate, business interests, and out-of-state assets
- Meeting strict deadlines for tax filings and court submissions
- Protecting the fiduciary (executor or trustee) from personal liability
Our goal is not only to complete the administrative process, but also to do so in a way that respects family relationships, honors the wishes of the deceased and fully complies with Wisconsin laws.
Serving Southeastern Wisconsin with Experience and Care
Collins Law Firm is proud to serve families in the greater Milwaukee area, including Wauwatosa, Pewaukee, Shorewood, Whitefish Bay, Fox Point, Mequon, Cedarburg and Greendale, and beyond. We have a deep understanding of the local probate court system and title procedures, as well as estate laws, which allows us to provide efficient and effective solutions to our clients’ needs.
We understand that estate administration can be a difficult and emotional time. That’s why we offer our clients technical expertise combined with empathy and clear communication. Whether you’re a trustee facing a large number of responsibilities or an executor dealing with your first probate case, we are here to help. Our responsive service is designed to lighten your load and make the process as smooth and stress-free as possible.
Complimentary Estate Planning Workshops
Let Us Guide You Through This Important Responsibility
Administering a trust or navigating probate is not just a legal task. It’s a final act of caring for someone you love. With the help of a skilled legal professional, you can fulfill this role with confidence and integrity.
Collins Law Firm handles trust and probate administration for Wauwatosa, Pewaukee, Milwaukee, and surrounding communities including Shorewood, Whitefish Bay, Fox Point, Mequon, Cedarburg, and Greendale. Call the firm today at 414-207-6292 to get started.
Common Trust and Probate Administration FAQs
Trust Administration is the private process of managing and distributing assets held within a trust after the grantor’s death. It is handled by a designated Trustee without court supervision. Probate is the public, court-supervised legal process that validates a will, settles debts, and distributes assets owned solely in the deceased’s name. The primary differences are privacy, court involvement, cost, and timeline. Avoiding probate through a trust often means a faster, less expensive, and more confidential transfer of assets to your beneficiaries.
While not legally required, hiring an experienced trust administration attorney is highly advisable. As a Trustee, you have a serious fiduciary duty to manage the trust accurately, impartially, and in strict accordance with its terms. An attorney guides you through complex steps—such as proper beneficiary notifications, asset valuation, tax filings, and accounting—ensuring you comply with state law and the trust document. This protects you from personal liability, helps avoid disputes among beneficiaries, and ensures the process is completed efficiently and correctly.
Probate timelines, typically 4 to 18 months, are often extended by several required steps. These include the court’s formal appointment of an Executor, the mandatory waiting period for creditors to file claims (usually several months), the need to accurately appraise and inventory all assets, the filing of various court accountings, and the resolution of any family disputes or will contests. An attorney helps navigate these steps methodically to prevent unnecessary delays and keep the process moving forward.
Both processes require settling the deceased’s valid financial obligations. This includes final income taxes, any owed state or federal estate taxes (though these apply only to very large estates), ongoing bills, and creditor claims. In probate, creditors are formally notified and must submit claims within a statutory period. In trust administration, the Trustee is responsible for identifying and paying legitimate debts using trust assets before any distributions to beneficiaries. Properly handling this is crucial to protect the estate and the person administering it.
Yes, but typically only for assets not properly funded into the trust. A common misconception is that creating a trust alone avoids probate. To bypass probate, assets must be formally transferred into the trust’s ownership (titled in the trust’s name or the trust designated as beneficiary). Any asset held solely in the deceased’s individual name at death, such as a bank account or real estate not deeded to the trust, will likely require a probate proceeding to be transferred, even if a trust exists for other assets.
An attorney acts as the Executor’s essential guide and legal representative throughout the probate process. We prepare and file all required court petitions and documents, advise on notifying heirs and creditors, help value estate assets, ensure debts and taxes are paid correctly, prepare the necessary inventory and accounting reports for the court, and handle the final distribution orders. Our goal is to shoulder the legal complexity, allowing the Executor to focus on their role while ensuring the process adheres to all Wisconsin legal requirements, thereby minimizing stress and reducing the risk of costly errors.