Q: Does a revocable trust with all assets mean a will must be filed in California?

A: The short answer is most likely not. It depends however on what the assets are that are not directly titled in the name of the trust. What you are describing is commonly referred to as a "Pour Over Will." What that means is that any assets that are not titled in the name of the trust and still titled in your mother's name should be inherited by the trust itself. If there is a house, stocks, bonds, cars, bank accounts or other items that are owned still by your mother (not personal property like dishes or furniture in the house that do not have actual title) then probate may need to be opened. There are nuisances that could affect this opinion and it is best to schedule a consultation with a probate attorney.

A: In California, even if all of your mother’s assets are in a fully funded revocable trust, her will still needs to be lodged with the probate court in the county where she lived at the time of her death. State law requires that anyone holding the original will must file it with the court within 30 days of learning of the death, even if there will be no probate proceeding. This applies whether the will is a traditional one or a “pour-over” will tied to a trust.

The will’s main purpose in this case is usually to “pour over” any assets not already in the trust into the trust after death. If all assets were properly titled in the trust’s name, there may be no need for probate administration, but the filing requirement still exists to make the will part of the public record. Failing to file can create delays, confusion among beneficiaries, or even legal consequences for the person who holds the will.

You will also want to begin administering the trust according to its terms. This typically includes sending required notices to beneficiaries, preparing an inventory of trust assets, and ensuring debts and taxes are addressed. Even without probate, California trust administration has strict timelines and fiduciary duties that must be followed, especially since there are other beneficiaries involved.