Turn To A Dedicated Lawyer In Roseville For Your Probate, Estate And Trust Administration Needs
Last updated on May 26, 2026
Losing a loved one is painful and confusing. We strive to lighten your burden by providing attentive and compassionate legal services.
Whether or not your loved one had a formal estate plan, MDS Law - Law Office of Matthew D. Scott can assist you with all aspects of winding down their estate. We help clients in Roseville and the surrounding area navigate the probate process and administer trusts after losing a loved one.
What Is The Difference Between Estate Administration And Probate?
Many clients use the terms “estate administration” and “probate” interchangeably. While the two are related, they are different but overlapping processes. Estate administration is the broader process of handling a person’s affairs after death, while probate is one part of that process that may require court involvement.
Estate administration often includes matters outside of probate, including the following:
- Trust administration: If a living trust exists, the successor trustee may need to gather assets, interpret trust language and distribute property according to the trust instructions. Even though this process usually happens outside probate court, legal and financial responsibilities must still be handled properly.
- Financial and tax matters: Estate administration may also involve paying debts, addressing creditor claims, filing tax documents and reviewing account transfers. Missing important details during this process can create delays or unnecessary disputes for beneficiaries.
Even when probate is not required, estate administration can still involve several important legal steps. Understanding these differences is the first step toward effectively navigating the legal requirements with our firm’s compassionate, straightforward solutions. Having proper guidance like ours can help families stay organized and avoid problems later.
Probate, on the other hand, specifically refers to the court-supervised process of transferring certain assets after death, including the following:
- Court filings and legal notices: Probate usually requires filing documents with the court, notifying beneficiaries and creditors and obtaining approval for certain actions. Depending on the estate, this process can take months to complete.
- Distribution of probate assets: During probate, assets held solely in the deceased person’s name are gathered, debts are resolved and remaining property is distributed according to the will or California law. This process provides legal oversight but may also involve additional costs and delays.
Because every estate is different, it is important to work with an attorney to understand which process applies to your situation.
Do All Estates Go Through Probate?
Not necessarily. Only some estates in California require formal probate. Many can skip the court process entirely, depending on the size of the estate and how assets are held.
Just as estate plans may include different documents according to a person’s unique situation and wishes, the probate process in California can vary depending on your situation. We help families navigate the probate process when necessary and help ensure that their loved one’s wishes are carried out.
The probate process can be time-consuming, expensive and stressful, but alternatives may be available. These include:
- Petition to succeed to real (and/or personal) property – If the estate is under a certain value, we may petition the court for an order succeeding the assets to the heirs without a lengthy probate process.
- Small estate affidavit – This is another option for personal property, usually cash or cash equivalents, housed in a financial institution when the account balances are below a certain amount.
Offering Trust Administration Assistance
Many people turn to a trust when planning their estate to avoid the costs and stress associated with the probate process. If your loved one had a properly funded living trust, then winding down the estate should be an easier task. However, you may still benefit from legal assistance to interpret trust language, draft necessary forms, comply with legal notice requirements and obtain useful information and best practices.
In some cases, you may also be able to petition to include assets in a trust. Also known as a Probate Code Section 850 petition or Heggstad petition, this simplified court proceeding enables the trust to take ownership of property that was not formally transferred to your loved one’s trust during their lifetime, thereby avoiding a full probate of the estate.
Find Guidance For Estate Administration And Trust Law
If you are the executor of a will, the successor trustee of a trust, an heir of a deceased person’s estate or a beneficiary of a trust, you might benefit from a consultation with a probate and estates lawyer. Call 916-953-5517 or contact us online to schedule a complimentary 30-minute consultation.