Back to the Learning Center

By: Scott Grossman on May 3rd, 2017

What to Do When Assets Are Being Distributed Outside of Probate

If you are the beneficiary or heir of a California probate estate, you may be upset to learn that some of their assets are being distributed outside of probate. Consequently this is the result of improper actions taken by several different people. This could include a loved one, friend, executor, administrator, trustee, or personal representative of the estate. While other times, distributing assets outside of probate is perfectly within the rights of the individual making the distribution. Even if the result is that you receive less property. Hence, these actions may be legal include:

  • the distribution of life insurance proceeds
  • retirement benefits
  • property held in trust.

How will an attorney help?

If you are aware that assets are being distributed outside of the probate process in California, it is vital that you contact an experienced Riverside trust lawyer for guidance. He or she will help to investigate the following:

  • Types of assets that have been distributed
  • Whether those assets had properly named beneficiary designations in place at the time that the decedent passed
  • If those assets were jointly owned with rights of survivorship
  • Whether the assets were held in a properly executed and funded trust before the deceased passed away
  • If the assets were distributed to the correct individuals


The answers to these questions may result in actions that can be brought in the probate court to stop the distributions, or they may reveal that the distributions were properly made.


To learn more about the California probate process and distribution of assets, contact an experienced Riverside trust attorney for a consultation. Call our toll-free number today at (888) 443-6590.