Q: If you are the legal trustee to an estate in a will must the inheritance first go through probate?
My grandmother recently passed, and my sister and I are the named trustees in her will for her estate (we were also her only living relatives). We are currently in the process of selling her home, and we can't seem to find a clear answer as to whether or not our inheritance of her estate will need to first go through probate before we have access.
Since our names are clearly in the will, will everything have to go through probate court?
Any info would be greatly appreciated. Thanks so much.
A: If the house is not properly deeded into a trust then yes some type of probate court action will be required. If the property is worth under $150k you can utilize quicker procedures but if the property is worth more than $150k in value (no account for mortgage) then a full probate is required. You can sell the property during probate though. I would definitely talk to an experienced probate attorney ASAP to get the process started. I do probate court work throughout California and that is the only type of cases I take. -John
Nina Whitehurst and Bill Sweeney agree with this answer
A: The first step is to examine the title to the home. It is possible it is held in such a way as to avoid probate. If it is solely in your grandmother's name, then, real estate values being what they are in California, it will have to go through probate. Being named trustee is not the same as being named beneficiary. A trustee, like an executor or administrator, takes care of property for the benefit of the beneficiaries. The trust should be described in the will, and you should check to be sure there was not a living trust set up as well. An attorney could certainly help get you on the right track by reviewing the will.
Bill Sweeney agrees with this answer
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