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When a loved one passes, handling their estate can feel overwhelming—especially if you’ve been named as a trustee. In Ohio, knowing how to administer a trust after death comes with real responsibilities, deadlines, and potential pitfalls. It's not as simple as reading a document and signing a few papers. But with the right steps, the process can be clear, efficient, and manageable, even during a difficult time.
When someone dies with a trust in place, the trustee steps in to manage and eventually distribute the assets held in the trust. If that’s you, you’ve just become a fiduciary, which means you have a legal duty to act in the best interests of the beneficiaries and to follow the terms of the trust.
Trust administration doesn’t go through probate, which is one of the key benefits of using a trust. But that doesn’t mean it’s automatic or hands-off. Here’s what your initial duties typically include:
If any of these duties feel unclear or burdensome, that’s normal. Many trustees seek legal guidance to make sure they’re acting properly—especially because mistakes, even unintentional ones, can lead to personal liability.
Even the most carefully crafted trusts can run into complications during administration. Here are some of the most frequent issues Ohio trustees face—and how to avoid letting them derail the process:
Beneficiaries may not always agree with how the trust is being handled. Sometimes it’s about money. Sometimes it’s about who wants which personal items. Emotions are high, and grief doesn’t make it easier.
To keep things running smoothly:
Not every asset mentioned in a trust actually ends up in the trust. If the deceased didn’t properly re-title an account or record a deed, that asset might need to go through probate unless there’s a backup plan (like a transfer-on-death designation).
This is where having a clear estate plan—and a trustee who knows to look closely—can make a big difference. You may need legal help to determine whether certain assets are trust property or part of the probate estate.
Trusts don’t escape taxes. As trustee, you’ll need to file a final income tax return for the decedent, as well as a fiduciary income tax return for the trust itself if it earns income. You’ll also need to settle any outstanding debts or expenses before distributing anything to beneficiaries.
Skipping or miscalculating taxes can lead to IRS penalties or personal liability. Ohio doesn’t currently impose its own estate tax, but federal estate tax rules may still apply to larger estates. Don’t guess—get help with the preparation and filing of the necessary tax returns.
Once all the assets have been gathered, debts have been paid, and taxes have been paid, it’s time to distribute what’s left to the beneficiaries in accordance with the terms of the trust. But even this step requires precision.
You can’t rush distributions just to get it over with. Ohio law requires trustees to act reasonably, but it doesn’t set a hard deadline. What’s “reasonable” depends on the complexity of the trust and the types of assets involved. Rushing this step can create problems—especially if creditors or tax obligations are still unresolved.
Before you distribute assets, you’ll want to prepare a full trust accounting. This shows all money in and out of the trust, what’s left, and how it will be divided. Beneficiaries typically sign a release form acknowledging receipt of their share and agreeing not to sue the trustee for actions taken in good faith.
Distributions aren’t always as simple as handing over a check. You might need to transfer title to real estate, update car registrations, or divide personal items fairly. Each of these steps needs documentation and follow-through.
If the trust includes minor children or ongoing financial needs, you may also need to set up sub-trusts or long-term distributions. The original trust document should spell this out, but you’ll need to administer those provisions carefully.
Being named as a trustee is both an honor and a legal responsibility. You don’t have to do it alone. At Legacy Law Group, we regularly help Ohio families understand how to administer a trust after death—whether the trust is straightforward or comes with complicated assets, tax issues, or family concerns.
If you’re unsure where to start or want to avoid costly mistakes, contact our office today. We’ll walk you through your next steps and give you the support you need to carry out your duties with clarity and care.
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