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Jennifer R. Lasky

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Trust Administration in Wisconsin

Trust-based estate planning allows individuals to transfer assets to their beneficiaries without the need for court-supervised probate. Unlike a Will; which generally requires probate, a properly executed and funded Trust allows assets to be administered and distributed according to the terms of the Trust itself.

While trust administration is often more efficient and private than probate, it still involves important legal, financial, and tax responsibilities. Trustees are frequently tasked with managing these obligations during an already difficult and emotional time, making experienced legal guidance especially valuable.



Trust administration is the process of managing and distributing a Trust’s assets after the death of the person (or people) who created it. This responsibility typically falls to the successor trustee named in the Trust document.

The trustee’s role includes following the Trust’s instructions, safeguarding assets, communicating with beneficiaries, and ensuring that all legal and tax obligations are met under Wisconsin law.



What Is Trust Administration?

Serving as a trustee—particularly immediately following the death of a loved one—can feel overwhelming. An experienced Wisconsin trust administration attorney can help ensure the Trust is administered properly, efficiently, and in compliance with the law. Legal guidance is especially important when:
  • The Trust includes tax-planning or marital provisions
  • The Trust owns real estate or business interests
  • Beneficiaries have questions or disagreements
  • The trustee is unsure of their legal responsibilities

Working with an attorney provides clarity, protects the trustee, and helps ensure the Trust creator’s intentions are honored.

When to Work With a Wisconsin Trust Administration Attorney

One of the primary advantages of trust-based estate planning is the ability to avoid probate. Compared to probate administration, trust administration often offers:
  • Less court involvement. Trusts are typically administered without ongoing court supervision.
  • Greater efficiency. Trust administration is not subject to the statutory timelines imposed in Wisconsin probate proceedings, which can reduce delays and costs.
  • Enhanced privacy. Trust administrations do not require publication of notice to creditors, making it more difficult for unknown creditors to assert claims.

These benefits often make trusts an attractive option for families seeking a smoother transition of assets after death.

Trust Administration vs. Probate

Although trust administration may be more flexible than probate, it is rarely simple. Trustees are often responsible for:
  • Identifying, securing, and properly titling trust assets
  • Interpreting and carrying out the terms of the Trust
  • Determining whether sub-trusts or bypass provisions should be funded
  • Managing investments and distributions
  • Preparing and filing required federal and Wisconsin fiduciary income tax returns
  • Communicating with beneficiaries and addressing disputes or questions

Some estates can be administered relatively efficiently, while others require additional time and court involvement. Understanding these variables early can help set realistic expectations.


Responsibilities of a Trustee

Begin with a Thoughtful Conversation

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Administering a trust requires careful attention, thoughtful decision-making, and a clear understanding of your responsibilities. Whether you are serving as a trustee for the first time or navigating a complex trust administration, having experienced legal guidance can make all the difference.