Legal Question in Wills and Trusts in California

Re: Its all a secret

The probate file is public record, which you can review at the courthouse where it's been filed. If you are an heir or beneficiary under the trust, you are entitled to notice and a copy of the trust from the trustee. You should consult with an attorney and spend the money for a few hours of his or her time reviewing the probate file and the trust to find out what you're entitled to and how to get it. If the trustee doesn't cooperate by sending you a copy of the trust, the attorney can take the appropriate steps to demand a copy of it.

Re: Its all a secret

Normally, a trust is not required to go through probate. Usually a will, when there is a trust involved, is a our over will, which means that any asset owned at the time of death that had not been put into the trust, is given to the trust to be distributed according to those terms.

The will must be filed with the Superior Court in the county in which the decedent lived at the time of death. That is a matter of public record, and you can get a copy from that court. Wou can also get the name of the attorney (if there is one) who is handling the Probate.

If you are a named beneficiary in the trust, you are entitled to a copy of the trust. The executor or administrator of the will have specific duties that must be performed, as does the trustee of the trust. If they do not do perform as required, you can petition to have them removed.