9 Vital Steps When Both Trust and Probate Administration Are Needed
Even when a decedent had an estate plan that included a trust, it may be necessary to conduct a California probate administration. If some, but not all, of the assets are owned in the trust- the California probate court may have to oversee the administration of the assets not titled in the trust. Are you in need of both a trust and probate administration?
It is important that you take the following steps:
- Contact an experienced San Diego probate administration lawyer. When both a trust administration and a probate administration are required. You need the assistance of a knowledgeable attorney familiar with both processes.
- Gather a list of all property that is owned by the trust. Some trusts include a schedule that lists this property. In other cases, you may need to do some additional investigating.
- Make a list of all property that was owned by the decedent individually without a co-owner.
- Make a list of all property that was owned by the decedent in his or her name individually, without a named beneficiary.
- Obtain a copy of the trust instrument.
- Determine whether the executor of the will and the trustee of the trust are the same individual.
- Initiate both the probate administration and trust administration processes.
- Ensure that you are complying with California probate laws relating to the separate processes.
- Keep separate bank accounts and accounting records for each process.
In some cases, even where all of the assets of the decedent were owned by the trust. It may still be necessary to involve the probate court. Our article, Filing a Trust with the Probate Court May Be Necessary, provides additional information. Contact an experienced San Diego probate court attorney today for further guidance. Call the Grossman Law Firm at (888) 443-6590.