Legal Question in Wills and Trusts in California
I am successor trustee of my recently deceased mother's living trust. Most of her estate assets are held in her living trust. She had a pour-over will naming me as executor. Any assets not in the trust are well below $150,000. There will be no probate. How do I identify myself as having the authority to act as her personal representative for non-trust matters (getting her mail forwarded, filing personal income tax returns, etc.) without going through probate?
1 Answer from Attorneys
If all of the Non Trust assets have a total value below $150,000 then a small estate affidavit can be used. You may have to attach a copy of the Will and Certification of Trust along with the death certificate. If it has been more than 40 days since your mother's death, then this procedure should work provided that none of the non-trust assets are real estate.