What is a Living Trust?
How do you know if you need to involve the California probate court?
Say your father had a trust but passed away. Should you need to involve the California Probate Court? The answer to this question depends on several factors. In some cases, when a decedent had a living trust that owned all of his assets, it may be possible to conduct a trust administration that does not involve the probate court. In other cases, some assets may require a probate administration. Even if all of the assets were held in the trust, the trustee may need to seek oversight from the probate court during the California trust administration process.
To help determine whether you may need the involvement of the probate court during your administration, consider the following:
- First of all, did your father re-title his assets to the name of the trust while he was living? This is known as funding of the trust.
- Additionally, what are the terms of the trust instrument? Does it require probate court oversight during the California trust administration process?
- If some of your father’s assets were not moved into his trust while he was still alive, is there a joint owner of the asset who has a right to survivorship?
- Similarly, if some of your father’s assets were not moved into the trust while he was living, are there named beneficiaries of these assets?
- Furthermore, is there any dispute among the beneficiaries or other interested parties of the trust?
- Also, is there any need for a modification of the trust?
- Furthermore, are any of the terms of the trust vague or ambiguous?
- Are you having difficulty reaching or finding any of the interested parties of the trust?
- Lastly, are your father’s assets owned by the trust only under a pour-over will?
Our article, Filing a Trust with the Probate Court May Be Necessary, offers additional information. For guidance administering the trust of your loved one, contact an experienced probate court lawyer today. You may call our toll-free number at (888) 443-6590 for a free consultation. Or you may also fill out our quick and easy online form today. It would be our pleasure to further assist you.
Probate (noun):
The process of proving in court that the will of a person who has died is valid. It involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.