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I am co executor of dads will and sole successor trustee of his trust, how does that work?
Anonymous3 views3 answers
I live in the state dad died in am I the one to file the will ? I am not sure if I have to file it because everything had designated beneficiaries, there would be nothing to probate and only one thing is titled under the trust, it is less than 20 grand.
Most states require the Will to be filed with the court upon death, whether it is necessary to open a probate estate or not. Under your facts, it would appear that probate may not be required. The trustee would simply distribute the assets of the Trust according to the trust terms.
James Frederick
You should consult an experienced attorney in your area to review this. I can tell you that in maricopa County, Arizona, which is where I practice, under your facts as stated there would need to be no probate, all of the accounts/assets with designated beneficiaries would be distributed to those beneficiaries, and the remaining amount could be distributed un der the "Small Estates" provisions by an affidavit. Again this is in Arizona, and a local atrtorney should be able to advise you on the laws and procedures in your area.
The will probably leaves everything to the trust and you are successor trustee.
So-you would be in control by yourself to follow the terms of the trust.
