Administration
When a loved one passes away, managing their estate can feel overwhelming—especially during a time of grief. For today’s modern families, where relationships, responsibilities, and legal ties often go beyond traditional definitions, the process of estate administration can be even more complex. At Enright Family Law, we help families navigate administration with clarity, compassion, and a strategy tailored to real-life needs.
Whether your loved one left a trust, a will, or passed away without either, understanding the process of administration is essential for ensuring assets are properly handled, debts are paid, and the estate is closed in accordance with California law.
What Is Estate Administration?
Estate administration refers to the legal and financial process of managing a deceased person’s estate—paying debts, filing taxes, collecting assets, and distributing property to heirs or beneficiaries. It is the responsibility of an appointed individual, usually called an executor (if there’s a will) or administrator (if there is no will).
The process may include:
- Locating and valuing all assets
- Identifying and notifying beneficiaries and creditors
- Paying debts, taxes, and final expenses
- Distributing property as directed by a will, trust, or the court
- Filing court documents, reports, and tax returns
How this process unfolds depends on whether the person had a trust, a will, or no estate plan at all.
Types of Administration in California
1. Trust Administration
If the deceased had a revocable living trust, then their estate may avoid probate. The trustee named in the trust assumes control of the estate and is responsible for managing the assets in accordance with the terms of the trust.
Trust administration includes:
- Notifying beneficiaries
- Inventorying and appraising trust assets
- Managing or selling trust property
- Paying debts and taxes
- Distributing trust assets according to the trust instructions
Even though trust administration doesn’t involve court oversight, it is still a legal process that must be carried out carefully and in compliance with California trust law.
2. Probate Administration
If the deceased did not have a trust and had assets valued over $184,500 (as of 2025), their estate likely needs to go through probate. This court-supervised process appoints a personal representative—either an executor (named in a will) or an administrator (appointed by the court if no will exists).
Probate administration involves:
- Filing a petition with the probate court
- Gathering and valuing estate assets
- Paying off debts and taxes
- Obtaining court approval for distribution
- Making final distributions to heirs
Probate can take anywhere from 9 to 18 months and is public, time-consuming, and sometimes contested—especially for modern families with complex dynamics or non-traditional heirs.
Duties of an Administrator or Executor
Being an executor or administrator is a legal role with fiduciary responsibilities. That means the person must act in good faith, make decisions in the best interest of beneficiaries, and comply with all applicable laws.
Core duties include:
- Filing the will with the probate court (if one exists)
- Opening an estate bank account
- Gathering, securing, and managing estate assets
- Communicating with heirs and creditors
- Paying legitimate debts and final expenses
- Preparing tax filings (income, estate, and inheritance)
- Distributing property in accordance with the will or intestate laws
- Keeping detailed records and reports for the court
Failing to fulfill these duties can lead to personal liability. That’s why many administrators turn to legal professionals for guidance and support throughout the process.
Challenges in Modern Family Administration
Today’s families often include:
- Blended families with stepchildren and second spouses
- Unmarried or cohabiting partners
- Estranged relatives or multiple heirs
- LGBTQ+ families with unique legal considerations
- International heirs or dual-residency issues
- Assets held in digital accounts, crypto, or shared business ventures
These modern dynamics can complicate the estate administration process. In such cases, careful legal guidance is crucial to:
- Clarify inheritance rights
- Minimize disputes between beneficiaries
- Locate hard-to-find or digital assets
- Interpret ambiguous or outdated estate documents
- Avoid unnecessary delays or lawsuits
At Enright Family Law, we specialize in understanding and navigating these realities for clients in and across California.
When No Will or Trust Exists
If someone dies without a will or trust, they are considered to have died intestate. California’s intestate succession laws determine how the estate is distributed.
In general:
- Assets go first to a surviving spouse and children
- If there are no children, to parents, then siblings
- Unmarried partners, stepchildren, and close friends are not included unless legally adopted or designated
The court will appoint an administrator, and the estate must go through probate. These situations can be particularly difficult for modern families where relationships may not align with the legal definitions under state law.
Taxes and Estate Administration
The administrator or executor is responsible for filing and paying:
- The decedent’s final income tax return
- Any estate tax or inheritance tax due (California does not currently have an inheritance tax, but federal estate taxes may apply in large estates)
- Property tax reassessment documents if real estate is transferred
Proper tax compliance is essential to avoid penalties, preserve family assets, and close the estate correctly.
Avoiding Common Mistakes in Administration
Whether you’re managing a trust or going through probate, here are a few common pitfalls to avoid:
- Failing to keep beneficiaries informed
- Distributing assets too early
- Ignoring creditor claims or legal notices
- Commingling personal and estate funds
- Not consulting professionals when needed
The process can be emotionally and administratively taxing—especially for those unfamiliar with legal and financial responsibilities. Working with a family law firm ensures that the process is handled efficiently and correctly, reducing the burden on the family during a difficult time.
How We Can Help
At Enright Family Law, we support modern families through every phase of estate administration—whether it involves trust management, probate court, or intestate estates. We guide you through the legal process with clarity, professionalism, and compassion, ensuring you meet every obligation while honoring your loved one’s legacy.
Our firm helps you:
- Administer trusts and navigate trustee responsibilities
- File and manage probate petitions and court documentation
- Communicate with heirs and resolve family disputes
- Coordinate tax filings and asset transfers
- Ensure compliance with all legal duties and timelines
Whether you’re a family member appointed as administrator or simply need help understanding your rights in a loved one’s estate, we’re here to support you with trusted legal experience and modern understanding.
Contact Enright Family Law today to schedule a consultation and receive tailored legal guidance for estate administration.