Legal Question in Wills and Trusts in California

Re: probate requirements

Youu can be a trestee for a trust or an executor of a will. If there is a trust, you may not need to do anything with the probate court, other than lodge (file) the will with the Superior Court. Most trusts have a pour-over will linked to the trust.

If you are just dealing with a will, and you have over $100,000 in assets in the estate (gross assets, not net), then you will need to petition the court to be named as executor of the will.

I am in Northern California if that is where deceased lived at the time of death.

Re: probate requirements

You haven't explained why you want to register. The purpose of a trust is to avoid the probate system and thus eliminate the need to deal with probate issues.

If you mean administrator, you may need to file a probate petition. I would speak with a probate attorney to discuss your problems. This area is very technical and your problems may be easily solved if an attorney has the opportunity to ask the right questions.

Re: probate requirements

Normally, under California law, registering with the probate court is something to avoid unless it's necessary to have court supervision/jurisdiction. However, there are probate code and other requirements for every trust, including notification of beneficiaries/heirs, notices to the assessor, state, department of health, IRS and state franchise tax board, to name a few. Contact an attorney to review the trust and its assets, and then you'll know what state law requires.

If there's a will, even if probate isn't required, the law generally requires wills to be filed with the local county court.