For those beneficiaries and heirs unfamiliar with the California estate administration process, it is not always clear whether the executor or trustee is acting properly and in accordance with state law.
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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.
People listed as beneficiaries who are not members of the family of the deceased will usually be informed by the California probate court. However, this only applies if the will has been filed with the court upon death, which is the case if the assets have to go through probate.
What you can legally do and what you should do as a beneficiary are not necessarily the same thing. If you are the only beneficiary than a formal trust administration may not be the best solution.
Whether or not you have to do a probate of your late spouse’s estate will depend on how title to your spouse’s property was held.
If the trustee of a family member’s trust won’t give you any information, send a written request to them. The trustee is obligated to provide each beneficiary with information.
A San Diego trustee error could result in your inheritance being distributed to the wrong beneficiary. View here for five reasons this may happen.
Forcing an executor to wrap up the probate of an estate may require court involvement. View here for more from a Riverside trust attorney.
When an executor is stealing from an estate, there is risk that the beneficiaries never receive their entitled property. Read more here.
A no-contest clause can prevent beneficiaries from challenging the provisions of a will or trust. Learn more about a no-contest clause in California