Does a Will need to be filed with the county probate court if there will be no probate?

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Does a Will need to be filed with the county probate court if there will be no probate?

My mother passed away 2 months ago and has a simple trust with all assets being held in the trust.

Asked on November 13, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  As long as the trust was in effect before she died - created in life as a living trust - and not created by the Will - a testamentary trust - and all assets are accounted for then maybe not.  Trusts that are properly formed and funded help to avoid probate. That is the whole idea.  Just bring the documents to someone to review to make sure that this is the case and that the Will - is it a "pour over" Will where any assets not accounted for "pour in to" the trust? - is an unnecessary document at this point in time.  Good luck to you.


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