Valley Village, CA asked in Probate for California

Q: Most of my mother's estate is under a living trust. Are those assets tied up during the probate process?

Assets outside of the trust (bank accounts, insurance, etc) exceed the Georgia small estate limit. There are only two heirs, with no conflicts or contesting.

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: Assets held by a living trust avoid probate and will pass according to the terms of the trust. You would want to read the trust to determine who the successor trustee will be. You can probably avoid probate if you can gather the non-trust assets with an affidavit procedure.

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