California Trust Probate Code For Instructions
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FAQ
The California Probate Code Section 16061.7 states that a successor trustee has a legal obligation to notify all beneficiaries and heirs in the case of the settlor's death to ensure that all parties involved are well-informed.
How to create a living trust in California Take stock of your assets. ... Choose a trustee. ... Choose your beneficiaries. ... Draw up your Declaration of Trust. ... Consider signing your trust document in front of a notary public. ... Transfer your property to the trust.
15200. Subject to other provisions of this chapter, a trust may be created by any of the following methods: (a) A declaration by the owner of property that the owner holds the property as trustee. (b) A transfer of property by the owner during the owner's lifetime to another person as trustee.
If no Will exists, the property (estate) is divided among the person's heirs. In California, if the person has a spouse and/or children, the property first goes to them. If there is no spouse or children, the property goes to the person's next nearest relatives.
When a personal representative of an estate is undertaking an action pertaining to the estate that he feels may result in personal liability to him if the outcome is not as planned, the personal representative may file a Petition for Instructions from the court seeking approval for his actions.