If a portion of an estate requires probate, does this delay the payment of the estate that is in a trust (and not subject to probate)? 6 Answers as of March 24, 2015

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Law Ofices of Edwin K. Niles | Edwin K. Niles
It shouldn't. However, if there is a trust isn't there a pour-over will that goes with it? It may be possible to file a simple petition to have those assets administered as part of the trust. Ask the lawyer about filing a Heggstad petition.
Answer Applies to: California
Replied: 3/24/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Normally, no, and certainly not all of it.
Answer Applies to: California
Replied: 3/23/2015
James M. Chandler | James M. Chandler
Sometimes a trustee will probate the whole estate even if there is a trust. If the trustee does not need the probate assets to distribute the trust he/she should distribute what ever is available to distribute out of probate.
Answer Applies to: California
Replied: 3/23/2015
James Law Group
James Law Group | Christine James
No it does not. They can be dealt with separately but the trustee will ultimately need to account for all (in the event of a pour-over will).
Answer Applies to: California
Replied: 3/23/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Not having the documents to review, what does your probate/trust lawyer for the trustee of the estate say? Trust rules will apply to items in the trust and probate code rules apply to probate, and there may be conflicts that need to be resolved.If the trustee is also the executor for the probate, then there maybe some interconnection as to how the two proceedings payout, when the payout are to occur, to whom, and potential of tax liabilities that will have to be considered.
Answer Applies to: California
Replied: 3/23/2015
    Law Offices of George H. Shers | George H. Shers
    No, those are two separate legal constructs. The assets in the Trust are handled by the instructions by the person who set up the Trust, as long as they do not violate the law or public policy. The assets in an estate go by what is the probate law.
    Answer Applies to: California
    Replied: 3/23/2015
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