How to Know if Parents Had a Will or Trust When They Died

Key Takeaways
Why a CPA Is Critical in Estate Administration
Six Reasons to Hire a CPA When Administering an Estate
Working with a CPA and Your Probate Attorney
Related Resources
FAQ
How The Grossman Law Firm Can Help

Key Takeaways

Searching financial and property records is the best way to confirm if your parents had a trust.
Wills are often stored at home, in a safe deposit box, or with an attorney.
If no will or trust exists, California intestate succession laws will determine who inherits.
You may still need to go through probate, depending on the type and value of your assets.

Why This Step Matters

When a parent passes away, one of the first questions you’ll face is whether they had a will or a trust. This single fact determines how their assets will be distributed and whether you’ll need to go through California probate.

At The Grossman Law Firm, we help heirs and beneficiaries across California navigate these situations with clarity and confidence. TGLF has successfully guided clients through probate and trust administration, ensuring they follow the correct legal processes from the outset.

Knowing whether your parent had a will or trust helps you avoid unnecessary delays and ensures assets are transferred according to California law.

Where to Start Looking for a Trust

Begin by reviewing your parents’ financial and legal records. You’re looking for any document that references the word “trust” or “trustee.”

Common clues include:

Bank or investment account statements titled in the name of a trust
Letters from attorneys, financial planners, or accountants referencing a trust
Legal documents with a formal title (e.g., “The Smith Family Trust dated March 12, 2008”)

Next, check the property deed for their home. If the deed lists the property as held by a trust (for example, “John and Mary Smith, Trustees of the Smith Family Trust”), it means the property is part of that trust and must be handled through trust administration.

Tip: Property deeds are public record. You can request a copy from the County Recorder’s Office in the county where the home is located.

How to Search for a Will

If you don’t find signs of a trust, your next step is to look for a will. Most people keep their wills in a secure but accessible location, such as:

A home safe or lockbox
A desk, file cabinet, or folder with other vital documents
A bank safe deposit box

If your parent had an attorney, contact that lawyer to see if they retained a copy.

In California, Probate Code §8200 requires that the original will be lodged with the probate court in the county where the deceased lived. Lodging a will means filing it with the court for safekeeping and review during the probate process.

For more information, see our related article: How to Check if a Will Has Been Lodged in California.

What Happens If There’s No Will or Trust

If you can’t locate either a will or a trust, your parent’s estate is considered intestate, meaning they died without a will. In that case, California Probate Code §§6400–6414 governs who inherits their assets.

Here’s how inheritance generally works:

If there’s a surviving spouse, they usually receive the community property.
The children of the deceased share the remaining assets.
If no spouse or children survive, the estate may pass to parents, siblings, or more distant relatives.

Some assets bypass probate altogether, including:

Life insurance policies with named beneficiaries
Bank accounts with transfer-on-death (TOD) or payable-on-death (POD) designations
Retirement accounts such as IRAs or 401(k)s with named beneficiaries

However, assets titled solely in your parents’ name (such as a home, car, or checking account without a beneficiary) will likely require probate to transfer ownership.

Do You Still Need Probate?

In California, you may not need formal probate if the estate’s total value is under $184,500 (the small estate limit set by Probate Code §13100). Instead, you can use a simplified affidavit process to collect those assets.

But if your parent owned real estate, or if the estate’s value exceeds the limit, you’ll need to open a probate case. The court will appoint an executor or administrator to manage the estate, and the assets will be distributed under the court’s supervision.

An experienced California probate attorney can help you determine whether probate is required, prepare the necessary petitions, and guide you through each step of the process.

Talk to a California Probate Attorney

If you’re uncertain whether your parent had a will or trust—or if you’re unsure what to do next—The Grossman Law Firm can help. Attorney Scott Grossman has over twenty years of expereince, speciazing exclusively in California probate and trust litigation.

Our firm helps clients:

Locate and verify wills and trust documents
Determine whether probate or trust administration applies
File petitions to open probate or compel trustee action
Protect beneficiaries’ rights and hold fiduciaries accountable

Related Resources

FAQ

How do I get a copy of a will in California?

If the will has been lodged, you can request a copy from the probate court in the county where your parent lived. If it hasn’t been filed, locate the original and file it promptly to comply with Probate Code §8200.

What if I can’t find a will or trust?

If no will or trust is found, the estate will proceed under California intestate succession laws. You’ll need to file a probate petition and let the court determine the heirs and distribution.

Is a handwritten will valid in California?

Yes. California recognizes holographic wills, but they must meet specific legal requirements. An attorney can help verify the document’s validity.

What if my parents’ bank account lists a beneficiary?

Accounts with POD or TOD designations can be claimed directly from the bank without the need for probate. The beneficiary must provide identification and a certified copy of the death certificate.

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.

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

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

Originally Published Mar 14, 2018