Legal Question in Wills and Trusts in California
I am both a Trustee and Beneficiary for my parents' Trust account. I am in the process of consolidating the assets. I have certified copies of their death certificates, copy of both of their wills and a copy of the Trust and it's amendment. There is an Insurance Co and a bank that are requiring a Letter of Testamentary (all of the other banks etc. have not asked for one). I live 8 hours away from the county both my parents died in. Is it possible to obtain one via mail or fax? They were in Riverside County, CA and I am in San Joaquin Co, CA
2 Answers from Attorneys
If the assets are titled in the trust or cumulatively are under $150,000, then you do not need Letters Testamentary which are only issued by the court in a probate proceeding. You cannot obtain the letters through the mail or by fax, you have to petition the court for appointment and the process can take a few months.
You should contact an attorney to assist you in the process of dealing with the insurance companyand the bank so that the attorney can explain California law to them and hopefully avoid the necesesity of opening a probate.
I agree with Ms. Rouse.
If the bank account is held by someone as trustee of the trust, it doesn't need to be probated. You just need to provide proof of death of the original trustee through a death certificate and a copy of the trust instrument showing who the successor trustee is.
Insurance is a little different.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
