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By: Scott Grossman on July 11th, 2025

How to know if parents had a Will or Trust when they died

Table of Contents

  1. Why This Step Matters
  2. Where to Start Looking for a Trust
  3. How to Search for a Will
  4. What Happens If There’s No Will or Trust
  5. Do You Still Need Probate?
  6. Talk to a California Probate Attorney
  7. Related Resources
  8. FAQ
  9. Next Steps

Key Takeaways

  • You’ll need to search financial records and property deeds for any signs of a trust.
  • Wills are often kept at home or in a bank safe deposit box.
  • If there’s no will or trust, you may need to open a probate case in California.
  • Some assets may pass without probate if there’s a named beneficiary.

Why This Step Matters

When a parent passes away, determining whether they have left a will or a trust is one of the first—and most important—steps in handling their estate. At The Grossman Law Firm, we help clients throughout California navigate probate and trust administration with clarity and confidence.

With over two decades of experience helping heirs and beneficiaries resolve these situations. Knowing what legal documents your parents left behind will determine what legal process you need to follow.

Where to Start Looking for a Trust

Start by gathering your parents’ financial records. You’re looking for any paperwork that references a “Trust” or “Trustee.” It could include:

  • Bank account statements held in the name of a trust
  • Letters from attorneys or financial advisors referencing a trust
  • Legal documents with trust titles (e.g., “Smith Family Trust“)

Another place to check is the deed to their home. In California, if the property deed shows that the house was titled into a trust, then your parents likely had a trust, and a trustee will need to administer it.

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

How to Search for a Will

If you don’t find evidence of a trust, the next step is to search for a will. Most people store their wills in places like:

  • A home safe
  • A desk or file cabinet
  • A kitchen drawer with important papers
  • A bank safe deposit box

If your parent had an attorney, check with that attorney to see if they retained a copy. In California, the original will must be lodged with the probate court in the county where your parent lived. Locating the original will is essential for beginning the probate process.

 

For more information on lodged wills, take a look at our 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 find either a will or a trust, California law treats your loved one’s estate as intestate (without a will). It means their assets will be distributed to their heirs according to the rules in the California Probate Code, starting with the surviving spouse and then their children.

Some assets may not require probate, such as:

  • Life insurance policies with named beneficiaries
  • Bank accounts with transfer-on-death (TOD) designations
  • Retirement accounts (IRA, 401(k)) with a beneficiary

However, if assets—such as a house or bank account—are titled solely in your parents’ names and have no beneficiary designation, you will likely need to open a probate case.

Do You Still Need Probate?

In California, you may not need formal probate if the estate is worth less than $184,500 (as of 2023). However, if your parent owned real estate or other significant assets in their name, probate will likely be required to transfer ownership.

The best way to determine this is by working with a California probate attorney who can help you review your loved one’s assets and title documents.

Talk to a California Probate Attorney

If you’re unsure whether your parent had a will or trust—or what to do next—The Grossman Law Firm can help. Attorney Scott Grossman focuses exclusively on probate and trust litigation throughout the state of California. We regularly help clients:

  • Determine whether probate is necessary
  • Locate wills or trust documents
  • Start the probate process or enforce trust rights

Related Resources

FAQ

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

If the will was already filed, you can request a copy from the probate court in the county where your parent lived. If it hasn’t been filed yet, you’ll need to locate the original and lodge it with the court.

What if I can’t find a will or trust?

If you can’t locate a will or trust, the estate will likely be handled as intestate. That means you’ll need to file a probate petition, and the estate will be distributed according to California’s intestate succession laws.

Is a handwritten will valid in California?

Yes, California allows handwritten wills (also called holographic wills), but they must meet specific legal requirements. A probate attorney can help determine if the handwritten document is valid.

What if my parent named a beneficiary on their bank account?

If the account has a payable-on-death (POD) or transfer-on-death (TOD) designation, the money can be claimed directly from the bank without probate.

Next Steps

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 to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.