If your deceased parents created a living trust, do the Wills they also made concurrently with the Trust, need to go through probate?

Asked on September 14, 2012 under Estate Planning, California


Elena Eckert

Answered 8 years ago | Contributor

Wills usually have to go through the probate. However, if your parents made so called "pour-over" wills that simply direct for the estate to be distributed/administered pursuant to the provisions of the trust instrument, and transfered most of their assets into a living trust during their lifetime, then probate will not be necessary.  But if they used pour-over will for transfer of property, then the wills need to go through the probate.

You should read the language of the wills carefully to see if they provide for distribution or transfer of any of your parents' assets.

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