Legal Question in Wills and Trusts in California

Re: living trust

You most certainly have to go to probate Court. The only question is which level of probate. Often we can do a "Heggstad" petition which is an abbreviated probate procedure to get the house back into the trust. It depends on what documentation you have and what county you live in. Each case is unique. Contact me as I am very familiar with Heggstad petitions. If it works it's a way to save a lot of time and money! -John

Re: living trust

yes, probate will likely be necessary, but a special procedure may be available in this case. please contact me if you are the trustee of her trust and executor of her will and i will be pleased to represent you.

Re: living trust

I'd have to see how title is held now to be sure, but yes, most likely if the house is not held in the name of the trust, the estate will have to be probated.

It's always a good idea to use an experienced probate attorney, but I also recommend that you purchase (or take out of the library) a Nolo Press book on probate, so that the process won't be a complete mystery to you. If the estate is very simple and straightforward, you might even be able to do it yourself.

Re: living trust

I'm sorry for your loss.

Most likely the estate will have to be probated based upon the property being in her name as an individual.

If she resided in California the probate should take place in the county where she resided and/or died.

Let me know if you would like to discuss your options.

Caleb

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