Legal Question in Wills and Trusts in California
I am the successor trustee and executor for my dad�s estate in CA. His property was held in a revocable trust and his other assets were set up where a beneficiary was named and/or transfer on death accounts in order to avoid probate. I have read that I need to file a copy of the will, death certificate, and Petition to Probate (DE-111) to the local Superior Court in order to be receive the letters of administration. Do I need to submit the Petition to Probate form along with an affidavit stating that his assets should not go through probate? If no assets are going through probate, do I just enter zeros on question 3(c) where it asks me to give an estimated value of the property of the estate?
2 Answers from Attorneys
You should not need to file a Probate Petition if assets are all either in a trust or covered by some sort of designation. The original Will is supposed to be lodged with the Court. There are other Trust administration requirements, including giving formal notice to beneficiaries and heirs. I would recommend that you hire an attorney to advise you as Trustee so that you do not have any problems later,
I agree with Aaron's answer above, with the proviso that if the non-trust assets that have no beneficiary designation are less than $150,000, then you need not file for probate. You are to lodge the original will with the Superior Court in the county in which the decedent died. Make sure to bring a copy of the will so that you can have the copy stamped by the court and then take home with you. Bring a check book to pay for the filing fee. As Aaron stated, you should have an attorney to assist you.
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