Does a court ever get involved in the distribution of a trust after the Settlor dies?
Hopefully not. If the trust is contested, the matter is decided in the probate court. If there is ambiguity in the trust, the Successor Trustee can file a petition for instructions. If the Settlor failed to properly re-title an asset in the trust name, the Successor Trustee may be able to obtain an order finding that the asset is in fact a trust asset (known as a Heggstad petition). That would allow the Successor Trustee to administer, sell or distribute the asset without probate.
