Legal Question in Wills and Trusts in California

Attorney follow up question: It sounds like the will is a "pour over" will, just to transfer any property not already in the trust to the trust. Is that the case? If there is absolutely no property, why would you want to go through a probate proceeding? What executor duties would you have?

It is a "pour over" will to transfer my dad's estate to the trustee of his revocable trust to add the residue of his estate to the trust principal and hold, administer, and distribute the property in accordance with the provisions of that declaration of trust. All the property has been re-titled to the name of his revocable trust. Do I still need to lodge the "pour over" will with the CA court to be named as personal representative (Executor or Trustee) of his Estate to start distributing the terms of the trust?


Asked on 6/05/17, 8:01 pm

1 Answer from Attorneys
Gerald Dorfman Dorfman Law Office

You are supposed to lodge the will with the court, independent of whether a proceeding will be filed or not. It is not necessary for a court to appoint a trustee who is named as successor, but it is necessary for a court to appoint an executor. You should consult an attorney; there are possible shortcuts, simplified proceedings, or even the possibility of no proceeding being necessary.

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Answered on 6/05/17, 11:06 pm


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