QUESTION
Does the person appointed to be the executor of a trust have to file the trust in probate court in order to legally be the executor?
Asked on May 17th, 2016 on Estate Planning - California
More details to this question:
The grantor very specifically went to a lot of trouble and expense to avoid probate. But I don't know how to obtain officious documents such as a letter of testamentary or close the trust officially and legally, er go, filing the trust as above.
2 ANSWERS
Edwin K. Niles
Letters testamentary are issued by the court in connection with the probate of a will. You should not have to file for probate. Please get the help of a lawyer familiar with trust administration.
Answered on Jun 10th, 2016 at 6:32 PM
No, the point of trust is to avoid probate. Contact an attorney to help administer the trust.
Answered on Jun 09th, 2016 at 6:36 PM