Key Concepts

• Your estate comprises all the assets you own at death, net of liabilities.
• A probate court (see below) is a state court that oversees the administration of an estate, validates wills, resolves creditor claims, and appoints guardians for minor children.
• A will is a legal document specifying how your estate is distributed and nominating an executor to manage the administration. It also allows you to nominate guardians for minor children; while not binding, courts give these nominations significant weight. A will is a short-term instrument: the executor distributes the assets and closes the estate, typically within nine to twelve months.
• A trust is a fiduciary relationship where a grantor transfers legal title of assets to a trustee to hold and manage for the benefit of named beneficiaries. Because the trust owns the assets, they bypass probate court.
• A trustee is an individual or corporation that administers a trust according to its terms.
• A Revocable Living Trusts (RLTs) is established during your lifetime. You typically act as the initial trustee, maintaining complete control over the assets. The trust is transparent for income tax purposes, with all income reported on your personal return. Upon death or incapacity, a designated successor trustee assumes control without court intervention.
• A custodial account established under the Uniform Transfers to Minors Act (UTMA) holds assets gifted to a minor. A custodian manages the account until the minor reaches the age of majority (typically 18 or 21, depending on state law), at which point the beneficiary gains full control. Earnings are taxed at the child’s tax rate, subject to the Kiddie Tax thresholds.
• A payable upon deaths (PODs) account is an arrangement with a financial institution designating a beneficiary to receive the account balances upon your death, bypassing probate.

The American College of Trust and Estate Counsel provides educational materials on estate planning.