Do I need to probate a Will if there was a Trust and I am Trustee?

Full Question:

If a Trust has been prepared and the Trustor passes, and I am the Trustee, do I need to file the will with anyone since we will not need to do probate?
11/05/2016   |   Category: Trusts   |   State: California   |   #26243

Answer:

Even though there was a Trust it is prudent to make a Will. This is because there may be property that does not pass through the trust but instead passes through the Will. This depends on what property was owned by the trust, whether the conveyances to the trust were done properly and whether there is property that was not in the trust, etc.  If there was property that passed through the Will you would need to consider whether probate is required or not depending on the value of the property and other factors.