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What is the Difference Between Probate and Trust Administration?

Want to learn more about how probate or trust administration would work for your family? Or not sure if your current documents are still up to date? Contact Sole Law, APC today.

March 31, 2025

Planning for what happens after you're gone isn’t easy—but it’s one of the most important gifts you can leave your loved ones. If you live in San Diego, you’ve probably heard the terms probate and trust administration. But what do they really mean, and which one is right for your situation?

At Sole Law, APC, we’re here to walk you through it with care, clarity, and no legal jargon. Let’s break it down together.

What Is Probate?

When someone passes away and they didn’t set up a trust, their estate usually goes through a court process called probate.

During probate:

  • A judge admits the will into probate (if there is one)
  • The court decides how assets are distributed
  • Debts and taxes are paid from the estate

The downside? The probate process can take a long time—most of the times a year or more. It can also be expensive due to court and attorney fees, and everything becomes part of the public record. That means your family's financial details are no longer private.

What Is Trust Administration?

Trust administration is often a smoother, more private way to handle things.

If you’ve set up a living trust, the person you name as trustee (often a family member or close friend) can step in right away to manage and distribute your assets. They follow the instructions you left in the trust, without having to go through the court system. The benefits?

  • Quicker process
  • Fewer legal costs
  • Keeps things private
  • Reduces stress on your loved ones

Key Differences to Know for Estate Planning

Here’s a quick side-by-side:

  • Control: Probate is handled by the court. A trust is managed privately by your chosen trustee.
  • Cost: Probate involves court fees and legal expenses. Trust administration usually costs less overall.
  • Time: Probate can drag on for months. Trust administration tends to move faster.
  • Privacy: Probate is public. Trust administration is private.

When Should You Create or Update a Will or Trust?

Life changes—and so should your estate plan. Whether you're starting from scratch or updating an old plan, here are some common life events that signal it’s time to act:

  • You got married or divorced
  • You had a child or grandchild
  • You bought a home or started a business
  • You moved to California
  • A loved one named in your will or trust has passed away
  • You want to change who receives your assets or who’s in charge of them
  • It’s been more than 3–5 years since you last reviewed your documents

Even if nothing big has changed, it's smart to check in on your estate plan every few years to make sure it still reflects your wishes and current laws.

We’re Here to Help You Plan with Confidence

Whether you’re deciding between a will and a trust or you’re trying to settle a loved one’s estate, you don’t have to figure it all out alone. At Sole Law, APC, we help families in San Diego understand their options, protect what matters, and avoid unnecessary stress.

Let us guide you with compassion and clear answers every step of the way.

Schedule Your Consultation with Sole Law, APC. Let’s Talk About the Future. 

Want to learn more about how probate or trust administration would work for your family? Or not sure if your current documents are still up to date? Contact Sole Law, APC today to schedule a consultation. We’re here to help you plan wisely and protect your legacy—on your terms.

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Sole Gaona Webb

Sole Gaona Webb

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