QUESTION

Do you always need probate court?

Asked on Sep 01st, 2017 on Estate Planning - California
More details to this question:
If there is no disagreement between trustees and executor of a family trust division, is probate court required?
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3 ANSWERS

Edwin K. Niles
You mention a trust. One of the purposes of a trust is to avoid probate. However, the successor trustee should see an experienced lawyer who can guide the trustee through the administration.
Answered on Sep 05th, 2017 at 7:52 PM

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Yes, by law when intestate or will.
Answered on Sep 03rd, 2017 at 8:04 PM

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You have confused terms so I am not sure what the situation is. The Trustee of a Trust divides among the Beneficiaries, according to the Trust instructions, the assets of the Trust; there is no court involvement unless someone disputes the terms of the Trust or what assets are in it. An administrator of a Will, who might be the executor named in the Will, but who must be appointed by the probate court judge, carries out the terms of the Will as to the estate left [all items not part of a valid Trust]. Technically, all Wills must be probated, but if there are no creditors, no potential heirs who disagree with the distribution, and no titles to vehicles or real estate that must be changed, then there is no one who would complain about the lack of probate.
Answered on Sep 03rd, 2017 at 8:04 PM

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