Do you always need probate court? 3 Answers as of September 05, 2017

If there is no disagreement between trustees and executor of a family trust division, is probate court required?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
You mention a trust. One of the purposes of a trust is to avoid probate. However, the successor trustee should see an experienced lawyer who can guide the trustee through the administration.
Answer Applies to: California
Replied: 9/5/2017
Law Offices of George H. Shers | George H. Shers
You have confused terms so I am not sure what the situation is. The Trustee of a Trust divides among the Beneficiaries, according to the Trust instructions, the assets of the Trust; there is no court involvement unless someone disputes the terms of the Trust or what assets are in it. An administrator of a Will, who might be the executor named in the Will, but who must be appointed by the probate court judge, carries out the terms of the Will as to the estate left [all items not part of a valid Trust]. Technically, all Wills must be probated, but if there are no creditors, no potential heirs who disagree with the distribution, and no titles to vehicles or real estate that must be changed, then there is no one who would complain about the lack of probate.
Answer Applies to: California
Replied: 9/3/2017
Patrick W. Currin, Attorney at Law | Patrick Currin
Yes, by law when intestate or will.
Answer Applies to: California
Replied: 9/3/2017
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