Morgan Hill, CA asked in Estate Planning for California

Q: When a trust distributes after someone dies, does it need to go to probate court -- how long should it take?

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1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Most trust administrations do not need to involve the probate court, but there are exceptions. For example, if someone had a trust but failed to put $166,250 or more worth of certain assets into the trust, then the assets outside of the trust would need to go through the probate court process and the assets inside the trust would not. A lawyer would need to speak with you and ask you questions about your particular situation before the lawyer could let you know if the trustee has breached a duty to timely distribute the assets.

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