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When an original will is lodged with the court, are you required to serve notice on anyone.

Los Angeles, CA |

No probate should be required (Will provides personal items to two of three children, remainder of estate to trustee of trust).

Attorney Answers 4


  1. You are no required to give notice of the will per se. You are required to give the appropriate notices under PC 16061.7 for any person named in the trust, and my guess is the will and trust are consistent with each other. If after you give the required notice under the trust someone requests a copy of the trust documents the will should be provided as well.


  2. I agree with Attorney James. I would simply add that it is not clear from your limited summary is there are any assets that need to pass through probate. If there are, then they would go to the trust, but probate would be necessary to get it there. It would not hurt to consult an attorney if you have any questions.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. Attorney James has given you a good answer. It isn't clear from your fact summary if the Will has been lodged or, if not, who has the Will and the duty to lodge it. You need to contact a local probate attorney to discuss this matter in greater detail.


  4. I agree with the answers above and specially with the recommendation that you consult with a competent probate attorney who will be able to review titling issues and determine exactly what asset are subject to the trust and/or will and will be able to advise you accordingly.

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