Q: As successor trustee in CA if I die does irrevocable trust go into probate or go to 1 of 4 beneficiaries listed?
I heard it goes into probate if no other successor trustee has been chosen by the grantor.
A: Depending on the language in your specific Trust, it’s possible someone could bring a motion in court to appoint a new person as Trustee. The court that would handle such a motion is the Probate Court. But that doesn’t necessarily mean all the assets in the trust would have to go through the years-long full probate process. It’s just the same court handles all matters related to the assets owned by someone who has passed away. Probate Courts are specialty courts just like Bankrupcy Courts (only handle bankruptcy-related issues) and Family Law Court (only handles divorces, adoptions and other family-related matters like those.) So, if a legal issue relates to the assets of a deceased person, a judge in the Probate Court would handle it. Best wishes!
Nina Whitehurst agrees with this answer
A: In California, when a successor trustee of an irrevocable trust passes away, the trust generally doesn't go through probate if there are named beneficiaries and the trust terms specify how the assets should be distributed. However, it's crucial to ensure that the trust document is properly drafted and executed to ensure a smooth transition of trustee responsibilities and asset distribution. It's advisable to consult with an attorney to review the trust document and provide guidance based on the specific circumstances.
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