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ProbateTrust Litigation

Does a Trust Need to Be Filed With the Probate Court in California?

By September 26, 2025October 1st, 2025No Comments
Does a Trust Need to Be Filed With the Probate

Table of Contents

  • Key Takeaways
  • Does a Trust Need to Be Filed With the Probate Court in California?
  • When Filing a Trust With the Probate Court Is Required
  • When Filing a Trust With the Probate Court Is Not Required
  • Why Filing Matters in California Probate
  • Related Resources
  • FAQ
  • How The Grossman Law Firm Can Help

Key Takeaways

  • In California, trusts typically do not require filing with the probate court.
  • Filing becomes necessary when a pour-over will is probated and the same person is named as both executor and successor trustee.
  • Filing ensures the court can confirm proper notice is given to all beneficiaries.
  • The Grossman Law Firm assists beneficiaries in protecting their rights during probate and trust administration disputes.

Do You Need to File a Trust With the Probate Court?

In most cases, a trust does not need to be filed with the probate court simply because the settlor (the person who created the trust) has passed away. Unlike wills, which may need to be lodged with the court (Probate Code §8200), there is no equivalent requirement to file a trust when the settlor dies. Trust administration is a private process unless a dispute arises.

However, circumstances change when a pour-over will is involved. A pour-over will transfer any assets not already in the trust at the settlor’s death into the trust. When this type of will must be probated, California law requires notice to be given to both heirs and trust beneficiaries.

At The Grossman Law Firm, Attorney Scott Grossman advises beneficiaries and heirs on when a trust must be filed with the probate court and ensures their rights are protected in these proceedings.

When Filing a Trust With the Probate Court Is Required

Let’s look at an example.

Example: Sam is nominated as both the executor of his mother’s will and the successor trustee of her revocable living trust. Because Sam is serving in both roles, California probate law requires that notice be given to beneficiaries of both the will and the trust.

To ensure transparency, Sam must file the trust with the probate court. It allows the probate examiner to identify the trust beneficiaries and confirm that they have received proper notice.

When Filing a Trust With the Probate Court Is Not Required

Now consider a different example.

Example: Sam is nominated as the executor of his mother’s will, while his sister Patti is named successor trustee of the revocable living trust. In this case, Sam only has to notify Patti as the trustee because the trust inherits from the probate estate.

Patti, as trustee, has a fiduciary duty to the trust beneficiaries to oversee Sam’s work. If she finds that Sam mishandles the estate, she can petition the probate court to hold him accountable, but Sam does not need to file the trust with the probate court.

Why Filing Matters in California Probate

Filing a trust with the probate court in California is not automatic — it depends on who is serving as executor and trustee. Filing ensures:

  • Beneficiaries receive proper notice.
  • The probate examiner can confirm compliance with the law.
  • Transparency in cases where one person serves in both fiduciary roles.

Understanding when filing is required protects beneficiaries from being left out of the process and prevents trustees or executors from bypassing notice obligations.

Related Resources

FAQ

Q: Does every trust in California get filed with the court?

A: No. Most trusts are administered privately and never filed with the probate court unless specific circumstances require it.

Q: What is a pour-over will?

A: A pour-over will transfer any remaining assets from the estate into the trust at death. If it must be probated, trust beneficiaries must also be notified.

Q: Who ensures that trust beneficiaries are notified in probate?

A: The court relies on the executor and trustee to provide notice. Filing the trust helps confirm that all beneficiaries are included.

Q: What happens if a trustee or executor fails to give proper notice?

A: Beneficiaries may file objections in probate court, and the fiduciary could face court sanctions or liability for any harm caused.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation. If you are uncertain whether a trust must be filed with the probate court — or if you believe a trustee or executor has failed to give proper notice — our team can step in to protect your interests.

Call (888) 443-6590 or fill out our Get Help Now form today.

Our Intake Specialists can evaluate your case at no cost to you to assess your situation. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.