Legal Question in Wills and Trusts in California

Re: probate wills

There is nothing that compels the probate of a will. However, it is usually necessary to provide some form of administration for an estate with assets. Certainly, there is no justification to establish a testamentary (by will) trust without referring it the will itself.

If a will has been presented for admission to probate, any party interested in the will can get a copy from the county surrogate. "Interested" means an heir or someone named in the will.

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Re: probate wills

in california to transfer assets of a decedent, probate (of a will or by intestacy) is necessary - unless the property is held in joint tenancy, community property, passes by contract (life insurance & retirement accounts)or is held by a trust.

the personal effects of the decedent will need to be searched for a will or trust agreement (including any safe deposit box). the decedent's attorney will usually have a copy as well.