Q: Do I need to file a Will with the court if our parents left a Trust that includes all of the estate?
My brother and I (I'm the executor) are the beneficiary's and it will be shared equally. But we are confused as to whether we actually need to 'file' the Will with the court and go through probate if our parents left everything in a Trust account. We are pretty sure the Trust includes the house due to the Will indicating his estate, "real and personal" to the successor Trustee under that Declaration of Trust executed on (date). The Trust includes all property but does not include the word "house" or the home address. Do I need to file the Will and go through probate? (His estate is worth more than 150,000)
A:
You are required to lodge the will with the probate court within 30 days of passing away.
Whether you need a probate action depends on how the property was titled. If the title was in the name of the trust, then you will not need any probate action. Check the deed to the house to see if the house is in the name of the trust.
Even if you do not need a probate action, you will need some trust administration.
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