What is the Difference Between Probate and Trust Administration?

When someone passes away, their assets don’t automatically go where they’re supposed to. In Idaho, what happens next depends largely on whether those assets are part of a probate estate or held in a trust.

For families, the key question isn’t just “what’s the process?”—it’s “what does this mean for us?” Here’s a closer look at probate and trust administration in Idaho, and the real-world impact of each.

What Is Probate?

Probate is the court-supervised process for handling someone’s estate after they pass away.

In Idaho, probate is generally required when:

• The estate is worth more than $100,000, or
• The person owned real estate in their name (not in a trust)

During probate, the court oversees:

• Validating the will (if there is one).
• Collecting and valuing property.
• Paying debts, taxes, and expenses.
• Distributing what’s left to heirs or beneficiaries.

What This Means for You and Your Family

If your loved one passes away with property in their name only, for example, a house in Nampa or farmland near Weiser, the estate will likely go through probate. This means:

• The process is public record.
• It can take months to over a year to finalize a formal probate.
• Court filings and attorney involvement may increase costs.

For families, this can mean added stress and delays before you can fully move forward.

What Is Trust Administration in Idaho?

Trust administration happens when a person sets up a living trust during their lifetime and transfers property into it. When they pass away, the successor trustee (often a family member or trusted advisor) follows the trust’s instructions to manage and distribute assets.

Unlike probate, trust administration usually does not require court involvement.

What This Means for You

If your parents set up a trust and placed their home in Twin Falls or their bank accounts into the trust, the transition is often smoother. For families, this typically means:

• The process is private.
• Property can be managed or distributed more quickly.
• Fewer court fees and potentially lower overall costs.

Trusts also make it easier to plan for ongoing needs, such as supporting a child with disabilities or managing out-of-state property.

Key Differences That Matter for Families Across Idaho

Privacy: Probate is public; trusts are private. If you’d rather not have financial details filed with the court, a trust can help.

Time: Probate often takes longer, while trust administration can move at the pace the family needs.

‍Control: A trust lets you set detailed instructions for your assets and care. Probate follows Idaho’s statutes if a will isn’t clear—or doesn’t exist.

Costs: Probate involves court fees and formal filings. A trust requires upfront work to set up but may reduce costs later.

Why These Difference Matter

Imagine these scenarios:

Your father in Sandpoint passes away with property in only his name. His estate goes to probate, meaning you’ll be working with the court before anything can be sold or transferred.

Your aunt in McCall placed her cabin into a trust. When she passes, the trustee can follow her instructions without waiting on court approval.

Your adult child in Boise has special needs. Setting up a trust can ensure their care continues without interruption.

How the Estate Planning Attorneys at Alan R. Harrison Law Can Help

At Alan R. Harrison Law, we guide Idaho families through both probate and trust administration. Whether you’re facing the public process of probate or carrying out the terms of a private trust, we’ll walk you through each step so you understand what’s happening and why.

Planning ahead with a trust may help your loved ones avoid the delays of probate. But if probate is unavoidable, we’ll make sure the process is handled with clarity and care.

‍Schedule your consultation today and start planning today for tomorrow’s success.