Legal Question in Wills and Trusts in California

The will is supposed to be lodged with the Court in the County where the person died. If there are assets that require a Probate, then the executor should open a Probate promptly and is required to give notice to all beneficiaries. A trustee of a trust must also give notice to beneficiaries, but is not usually required to file anything with the Court. If assets were held in joint tenancy, then they would not be part of a Trust or a Probate.

Whether an estate is required to be probate or not, or whether (or not) the decedant also had a trust, the California Probate Code prequires the will to be lodged in the Probate Court within 30 days after the decedent dies. If there is a will and a Probate is required, in addition to notifying all beneficiaries under the will, the executor must also notify certain heirs at law, even if they are not named as beneficiaries in the will. If the will has been lodged with the court, you should be able to examine it at the clerk's office. You can also request a copy from the executor.

Where there is a trust, the trustee is required,under Probate Code � 16061.5 (a)(1), to provide a copy of the terms of the trust to any beneficiary or heir who asks for it after the trust becomes irrevocable. Revocable trusts become irrevocable when the trustor (or last trustor where there was more than one) dies. If the decedent had a trust, the trustee must provide a specific notification under Probate � 16061.7(a) to all beneficiaries of the trusts and heirs at la . This notification must include a paragraph advising you of your rights to a copy of terms of the trust and of your time limitations for contesting the trust.

You also mention a power of attorney. Once the decedent has died, the power of attorney is no longer valid. TIf the estate is being Probated, the executor would need to obtain Letters Testamentary from the Probate Court in order to act on behalf of the estate. The trustee would operate under the authority granted to him under the trust.