Legal Question in Wills and Trusts in California

I am sorry for your loss. Unfortunately if the stock is in mom's name you do not have authority to transfer the stock. You need to get it into the trust or possibly use small estate affidavits (if total of non-trust assets is under $150k) directly to the 4 beneficiaries. If the total is over $150k then you will need a probate court order. Very likely a Heggstad petition would work which is an expedited probate. I own the domain name heggstadpetition.com and you can learn more on that procedure or contact me off-line. Again, that would be if the total exceeds $150k. Good luck. -John

No. A petition to have the stock deemed trust property will be required in order to distribute it through the trust. If the 4 heirs are the ONLY heirs under the laws of intestate succession, and there is no will (or the will designates the same heirs) AND the total of all property left out of the trust is under $150,000, then an affidavit could work.