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Carrying Out the Estate Plan

Probate and Trust Administration

Educational resources for fiduciaries and families administering estates and trusts after incapacity or death.

By Layne T. Rushforth

Administration requires careful, timely action

Trustees and personal representatives have legal duties involving assets, beneficiaries, creditors, taxes, accounting, and distributions. The correct procedure depends on the governing documents, asset ownership, applicable law, and the circumstances of the estate or trust.

Estate and trust administration memos

These PDF resources provide general background for trustees, personal representatives, beneficiaries, and families.

Trustee Duties During a Settlor’s Incapacity

Duties and responsibilities of a living-trust trustee after the settlor becomes incapacitated.

Probate in Nevada: What, Why, and How

Procedures for transferring a decedent’s assets when they do not pass by survivorship, beneficiary designation, or another nonprobate method.

Duties of a Nevada Personal Representative

What a court-appointed executor or administrator should—and should not—do during a Nevada probate administration.

Post-Mortem Estate Planning

Selected legal options that may allow an estate plan to be adjusted after death.

Dividing a Trust into Subtrusts

How certain joint trusts may need to be divided into multiple trusts after the first settlor’s death.

Trustee Guidelines After a Settlor’s Death

Duties and responsibilities of a living-trust trustee after the settlor dies.

Advancements

Calculating beneficiaries’ shares when one or more beneficiaries received advance distributions.

Starting a Nevada Trust Company

An overview of licensed and unlicensed Nevada trust companies, including family trust companies.

Administering Irrevocable Trusts

Guidance for settlors and trustees managing irrevocable trusts, including irrevocable life-insurance trusts.

Affidavit of Entitlement

A Nevada small-estate affidavit concerning qualifying personal property—not real property. Statutory limits and requirements may change.

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