Q: How do I ask for a probate court to list me as administer of my uncle's estate? Do I need an attorney for this?

A: To address your question, I'll break down the key points and provide some guidance:

1. Requesting to be named administrator:

To be named as the administrator of your uncle's estate, you typically need to file a petition with the probate court in the county where your uncle resided. This petition is usually called a "Petition for Probate" or "Petition for Letters of Administration."

2. Need for an attorney:

While it's not strictly required to have an attorney for this process, it's often recommended, especially if the estate is complex or if there are potential conflicts. An experienced probate attorney can guide you through the process, ensure all necessary documents are filed correctly, and help you navigate any legal complexities.

3. Living Trust vs. Probate:

It's important to note that assets properly held in a living trust typically don't go through probate. The fact that the bank is asking for probate court involvement is unusual if all assets were properly transferred to the trust before your uncle's passing.

4. Steps to consider:

a. Review the trust documents thoroughly to ensure all assets were properly transferred into the trust.

b. Consult with a probate attorney to understand why the bank is requesting probate court involvement despite the existence of a trust.

c. If probate is indeed necessary, prepare to file the petition with the court. This usually involves:

- Filling out the appropriate forms

- Providing a copy of the death certificate

- Paying a filing fee

- Notifying other potential heirs or beneficiaries

d. Attend a court hearing where a judge will review your petition and potentially grant you authority as administrator.

5. Bank's request:

The bank's request for probate court involvement is unusual given the existence of a living trust and your position as trustee. It's possible they may be confusing the roles of trustee and administrator, or there may be assets outside the trust that require probate.

Given the complexity of this situation and the potential for confusion between trust administration and probate, I strongly recommend consulting with a probate attorney or a trust and estates lawyer in California. They can review your specific situation, explain why the bank might be requesting probate involvement, and guide you on the best course of action.