Probate and Trust Administration

Probate and Trust Administration

Probate: Probate is the process of gathering a person’s assets, assessing and paying creditors and making distribution to those entitled to receive the decedent’s property. If a person dies with a Will (testate), distribution is made pursuant to the Will. If a person dies without a Will (intestate), distribution is made pursuant to the state’s intestacy law. The entire probate process is overseen by the Court. We can assist you in determining the appropriate type of probate administration and can help insure the process goes as smoothly as possible.


Trust Administration: Many people choose to have Trusts because Trusts can, if properly funded, avoid probate at the settlor’s death. However, trustees have a great deal of responsibility and liability that goes along with being in charge.


Trust administration usually does not require court involvement. Lack of court involvement does not mean there are no duties involved or risk to the Trustee who is a fiduciary with the highest duty of care under the law. Seeking legal advice for a Trust Administration can be as simple as a one hour consult to getting help with each stage of the Trustee job.


Both a trustee and a personal representative of an estate should retain experienced counsel to guide them through the administration process.

Southwest Florida Probate and Trust Administration Attorneys

We understand that most people in need of legal assistance with these matters are often dealing with the loss of a loved one and can be overwhelmed and uncertain of what to do next.

The lawyers and staff at Osterhout & McKinney, P.A. are sensitive to this and can provide reassurance as well as legal advice during difficult times.

Contact Osterhout & McKinney, P.A. Today

If you are seeking legal representation or have questions about our services, please call our office at (239) 939-4888 or contact our firm online.

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