Is California Probate Ever Necessary When There is Already a Trust?

1. Assets were never put in the trust. It is possible to create an estate plan that appoints beneficiaries for property or accounts without officially transferring property or accounts into that trust.
2. Assets were taken out of the trust. If an asset was removed from a trust to sell it or designate a different beneficiary, it might still be in the decedent’s name and never transferred back into the trust.
3. Accounts were changed without transferring the trust. Even with an estate plan, if an account is closed and a new one opened in the name of the decedent instead of the beneficiary, then the account will need to go into probate.