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By the Templateez Team · Licensed Attorney · June 2026

Trust & Estate Administration Intake Forms: What to Capture Before the First Billing Entry

Estate administration is where estate planning goes to be tested. A well-drafted plan may still produce a contentious administration if the attorney taking over the file does not know what they are walking into. The governing documents, the fiduciary, the asset inventory, the family dynamics, the creditor landscape, the tax obligations — all of it needs to be captured at intake, before any work begins. The attorney who skips a thorough intake and dives straight into probate filings is the attorney who discovers the decedent owned property in three states halfway through the case, or finds out the surviving spouse is contesting the trust a month after letters testamentary are issued.

This guide covers every section of a trust and estate administration intake form that matters. Not every practice will handle every type of proceeding, but the form should be built to accommodate the full range. Open-ended intakes lead to open-ended mistakes.

Start with the decedent or grantor — not the client

In trust and estate administration, the person who calls your office is the fiduciary — the executor, the trustee, or the personal representative. But the case centers on someone who is deceased or, in the case of a trust administration triggered by incapacity, someone who is no longer able to manage their own affairs. The intake form must collect complete identifying information about that person, not just about the client in the chair.

Full legal name (including maiden name and all aliases used on deeds or accounts), date of birth, date of death, Social Security number, and domicile at the time of death. Domicile matters because it determines which state's law governs probate, which court has jurisdiction, and which state's estate tax rules apply. A decedent who lived in New Jersey but owned a condo in Florida and a brokerage account in New York involves at least three different legal and regulatory frameworks, and none of that becomes apparent if the intake form only captures a current mailing address.

The date of death, while obvious, has cascading legal significance. Creditor claim deadlines run from it. The estate's fiscal year starts with it. The alternate valuation date for estate tax purposes is pegged to six months after it. Document it precisely.

Type of proceeding: do not assume

The intake form must identify what type of proceeding is being opened, because each type has a different process, different court involvement, different timelines, and different documentation requirements. The options are not interchangeable, and conflating them at intake is how attorneys end up filing the wrong type of petition.

The main categories to capture with checkboxes:

• Formal probate — court-supervised administration of a testate (will) or intestate estate
• Trust administration — administration of a revocable trust that became irrevocable at death, or an existing irrevocable trust where the successor trustee has taken over
• Ancillary administration — a secondary probate proceeding in a state where the decedent owned real property but was not domiciled
• Small estate affidavit / summary administration — available in most states for estates below a statutory threshold, without full probate
• Muniment of title — in states that permit it (Texas being the most common), a will admitted to probate solely to establish title to property without a full administration
• Administration of an estate with no will (intestacy)
• Trust administration triggered by incapacity — grantor still living but has lost capacity, successor trustee now acting

The intake form should require the attorney or paralegal to check one or more boxes and make a note if the matter involves both a probate estate and a trust (which is common when the decedent had a pour-over will and a revocable living trust). These are legally distinct matters that run on parallel tracks but must be coordinated.

The governing instruments

The intake form must capture what testamentary documents exist and confirm that the attorney has copies. At minimum: the will (including all codicils, dated and signed), the trust agreement (including all amendments and restatements), and any pour-over will that works in conjunction with the trust.

The date of execution of each instrument matters because it determines which version controls if there are conflicting versions and because a will executed after a trust amendment may reflect a different estate plan than the trust does. The intake form should also note where the original will is being held — whether the attorney has it, whether it is in a safe deposit box, whether it was filed with the surrogate's court, or whether its location is unknown. An unknown original will is a problem that needs to be flagged immediately, not discovered the week before the probate filing deadline.

For trusts, note whether the trust is revocable or irrevocable, whether it was self-settled or third-party, and whether it has already become irrevocable prior to the current matter (some trusts become irrevocable upon a triggering event other than death). The type of trust determines what the trustee can and cannot do, and the attorney needs that information before advising the fiduciary on anything.

Fiduciary identification and authority

Who is acting, and are they legally authorized to act? This sounds simple but it is a frequent source of delay in estate administration because the named fiduciary lacks the authority documents to prove they can act.

The intake form should capture:

• Name, address, phone, and email of the executor or personal representative (for the probate estate)
• Name, address, phone, and email of the trustee or successor trustee (for the trust)
• Whether letters testamentary or letters of administration have already been issued, and by which court
• Whether a certification of trust has been issued (for trust administration)
• Whether a bond was required and, if so, whether it has been posted
• Whether any co-fiduciaries are named, and whether all must act jointly or whether one can act alone
• Whether the named fiduciary is unwilling or unable to serve, and whether a successor or court-appointed administrator will be needed

The co-fiduciary question is important and often overlooked. A will or trust that names two executors who must act jointly creates an operational headache if the two people do not agree on anything. Document it at intake so the attorney can advise the client on whether a petition to have one removed is necessary or advisable.

Beneficiary information

Every beneficiary must be identified — full legal name, address, relationship to the decedent or grantor, and the nature of their interest (specific bequest, residuary share, contingent beneficiary, trust beneficiary, etc.). The intake form should have a table for this, not a free-text field. Free-text beneficiary sections are where names get misspelled, addresses go uncaptured, and contingent beneficiaries get omitted entirely.

Note any beneficiaries who are minors, because distributions to minors require either a guardian of the property or a custodial account under UGMA/UTMA. Note any beneficiaries with special needs, because an outright distribution may disqualify them from public benefits. Note any beneficiaries who are deceased, because their share may lapse, pass to their estate, or pass to their descendants depending on the anti-lapse statute and the governing instrument. Note any beneficiaries whose whereabouts are unknown, because locating missing beneficiaries is the attorney's responsibility and it needs to start early.

Also note whether any beneficiary is likely to contest the will or trust. If the client mentions that a family member is already making hostile noises, document it at intake. It affects how the attorney manages the administration and whether a no-contest clause in the instrument is relevant.

Asset inventory

A complete asset inventory is the backbone of the estate administration file. Without it, the attorney cannot advise on estate tax exposure, cannot draft an accurate inventory for the court, cannot properly administer the trust, and cannot distribute correctly at the end. The intake form should have structured sections for each asset category, not a single open-ended field.

Real property

Every parcel: address, county and state, how title was held (sole, joint tenancy, tenancy in common, trust, life estate), approximate value, outstanding mortgage balance, and any other liens. Ancillary administration issues must be flagged here — if the decedent owned real property in a state other than the domicile state, that property will need its own ancillary proceeding unless it was held in trust or in joint tenancy. This is exactly the kind of thing that gets discovered after the fact if the intake form does not specifically ask about out-of-state property.

Financial accounts

Bank accounts, brokerage accounts, money market funds, CDs, and any other deposit accounts. For each: institution name, account type, account number (at least last four digits), approximate balance, how titled, and any payable-on-death (POD) or transfer-on-death (TOD) designations. POD and TOD accounts pass outside probate — directly to the named beneficiary — but they are still part of the gross estate for estate tax purposes. The intake form must capture them, even if they will not go through the probate court.

Retirement accounts

IRAs, 401(k)s, 403(b)s, pensions, deferred compensation, and similar. For each: institution, account type, approximate balance, and the beneficiary designation on file with the plan administrator. Retirement account beneficiary designations are notoriously outdated. The decedent may have named an ex-spouse, a deceased parent, or the estate itself as beneficiary — each of which creates a different legal and tax problem. Capture whatever the client knows at intake, and flag it for immediate investigation if the beneficiary designation is unknown or potentially stale.

Life insurance

Carrier, policy number, face value, owner, insured, and the beneficiary designations on file with the insurer. If the estate is named as beneficiary (rather than an individual or trust), the proceeds become a probate asset and potentially a taxable estate asset. If an irrevocable life insurance trust (ILIT) is named as beneficiary, that creates a separate trust administration track. Document it early.

Business interests

Any ownership interest in a business, partnership, LLC, or closely held corporation. Entity name, type, ownership percentage, approximate value, and whether a buy-sell agreement exists that controls disposition of the interest at death. Business interests in an estate are often the most complex asset to value and administer, and they require early attention. If the decedent was the operating member of an LLC and the LLC agreement says the interest cannot be transferred to an heir without member approval, that is a problem that needs to be surfaced at intake, not six months into the administration.

Personal property

Vehicles, boats, jewelry, collectibles, art, and any other tangible personal property of significant value. Note any specific bequests in the will that direct particular items to particular beneficiaries, because specific bequests must be satisfied before the residuary estate is distributed. A will that says “my 1967 Corvette to my nephew James” creates an obligation to locate, preserve, and transfer that vehicle regardless of what the rest of the estate looks like.

Debts and liabilities

The intake form must have a structured section for debts. Known creditors, approximate amounts, whether secured or unsecured, and whether the debt is in the decedent's name alone or jointly with a surviving spouse or co-borrower.

This matters for two reasons. First, debts must be paid before distributions to beneficiaries — an executor who distributes the estate before paying a valid creditor claim can be held personally liable. Second, the state of domicile has a statutory creditor claim period that begins to run from either the date of death or the date notice to creditors is published, depending on the state. That clock needs to start running early. The intake form should capture what the client knows about debts and flag whether formal notice to creditors will be required.

Tax obligations

Tax issues in estate administration fall into three categories, and the intake form should address all three separately because they involve different deadlines, different returns, and different advisors.

Federal estate tax

The federal estate tax exemption in 2026 is scheduled to drop significantly from its current elevated level under the Tax Cuts and Jobs Act sunset provision. Whether the estate exceeds or approaches the applicable exemption threshold determines whether a Form 706 must be filed. The intake form should capture the approximate gross estate value (including all assets, including those that pass outside probate) so the attorney can assess exposure at the outset. An executor who waits until month eleven to figure out whether the estate is taxable has created a filing deadline problem, because Form 706 is due nine months after the date of death with a possible six-month extension.

State estate and inheritance tax

Twelve states plus the District of Columbia impose a state estate tax, and six states impose an inheritance tax. The exemption thresholds and rates vary enormously. New Jersey's estate tax was repealed in 2018, but New Jersey still has an inheritance tax that applies to transfers to siblings, nieces, nephews, and unrelated individuals. A New Jersey decedent who leaves assets to a sibling triggers an inheritance tax return. The intake form should flag the decedent's state of domicile and, separately, the states where real property is located, so the attorney can assess which state tax returns are required.

Income tax (the estate as a taxpayer)

The estate is a separate taxpayer once the decedent dies. Income earned by estate assets after the date of death (interest, dividends, rents, capital gains on sold assets) is reported on Form 1041, the estate income tax return. The estate's fiscal year can be a calendar year or a fiscal year elected by the executor, and that election affects both the estate's tax liability and the timing of distributions to beneficiaries. The intake form should note whether the client has engaged an accountant, whether there are significant income-producing assets in the estate, and whether a fiscal year election should be discussed. These are not issues to discover by accident at tax time.

Creditor claim deadlines

Most states give creditors a defined window to file claims against an estate after notice is published. That window typically runs three to six months from notice, but the rules differ by state, and the consequences of distributing before the window closes can be severe. The intake form should have a field for the attorney or paralegal to calculate and record the applicable creditor claim deadline for the state of domicile, as well as any states where the estate has real property subject to ancillary administration.

This is an administrative-intake-form item, not a client-questionnaire item. The client does not know this deadline. The attorney does, and it needs to be documented from day one.

Distribution provisions and family dynamics

How the estate or trust distributes matters, but so does to whom it distributes and whether that distribution is going to cause conflict. The intake form should capture the basic distribution scheme (equal shares to named beneficiaries, per stirpes, per capita, specific bequests first, etc.) and should also capture anything the client tells you about family dynamics that could affect the administration.

A blended family where some beneficiaries are children from a prior marriage and others are children from the current marriage is a situation that requires particular care. A beneficiary who already believes they are owed something, or who has publicly stated an intention to contest the will, needs to be documented at intake. A co-executor or co-trustee who is also a major beneficiary and who has a financial interest in decisions about the estate creates a conflict-of-interest issue that should be assessed early. None of this is gossip — it is case-critical information that the fiduciary's attorney needs to know before giving advice.

Accounting requirements

Will a formal accounting be required? Court-supervised probate estates in most states require a formal accounting filed with the court before the estate can be closed. Trust administrations may or may not require a court accounting, depending on the trust instrument and the state statute. Many trust agreements require the trustee to provide annual accountings to the beneficiaries even without court supervision.

The intake form should capture whether a formal court accounting is required, whether the trust instrument requires periodic accountings to beneficiaries, and whether any beneficiary has already requested an accounting in writing. A written demand for an accounting from a beneficiary starts a clock in many states, and missing that deadline creates fiduciary liability exposure for the trustee.

This is also where you note the complexity of the accounting task. An estate with one bank account and a house is manageable. An estate with twelve financial accounts, two businesses, out-of-state real property, and a year of active investment activity before the estate was fully administered is an accounting project that should be scoped and priced at intake, not billed by surprise at the end.

Putting it together in practice

A well-structured trust and estate administration intake form covers all of the above in a format that the attorney or paralegal can complete during or immediately after the first meeting. It does not need to be exhaustive at that moment — the client may not know the answer to every question, and that is expected. What the form does is create a checklist of unknowns that must be resolved before the administration can proceed efficiently. Every blank is a task. Every unanswered question is a follow-up item.

The intake form should be an internal document. It captures the attorney's observations, the firm's conflict-check results, the preliminary tax assessment, and the creditor claim deadlines. None of that belongs on the client questionnaire. The elder law intake form follows the same principle: the attorney's internal analysis stays internal; the client's factual responses go in the questionnaire. If you are handling a matter that started as an elder law engagement and is transitioning into estate administration, review that intake form before opening the administration file — much of the preliminary information may already be on record.

For matters that have moved past administration and into contested territory, see the guide to probate litigation intake forms, which addresses the additional fields required when a will contest, breach of fiduciary duty claim, or disputed accounting is involved. And if the engagement started at the planning stage, the estate planning intake form guide covers the full set of fields that should have been collected when the decedent was alive — many of which will now need to be reconstructed from the decedent's files. Paralegal teams managing the administrative side of estate cases need their own structured intake — our estate probate paralegal guide covers the checklist fields that keep filings on track.