Legal Question in Wills and Trusts in California

Re: Does a declaration of trust have to go to probate?

With a valid trust agreement, previously properly incompletely funded, that means title transfer into the trust asked to the house, no probate of the fund is necessary. If anything to its different as to the above date you definitely need to see an attorney to make sure that everything is done properly, procedurally and substantively. Don't sit in front of the computer screen find yourself an attorney specialized in estate planning/probate who can give you the proper advice. You being the trustee, as well as the other potential beneficiaries of the trust.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Re: Does a declaration of trust have to go to probate?

Your question is a little confusing. If the property is in a trust (i.e. title was in the name of the trust), then there is no need to proceed through probate. If title to the property is held in joint tenancy (i.e. mom and all six kids were on title), this method also avoids probate. If title to the house is in mom's name alone, then it may have to go through probate but it depends.

Present the relevant documents to a probate attorney and he or she should be able to explain the situation to you.

Re: Does a declaration of trust have to go to probate?

I'm not sure I understand the facts--is the house titled in the trust name or is it titled in the six persons' names? If it's in the trust, probate shouldn't be required, and if it's in the persons' names, probate is not likely required either, but you should have an attorney look at the trust and the latest deed to be sure. Even with a trust, there are still requirements to follow, so seeing an attorney before the sale is a good idea.