Pleasanton Trust Administration and Probate Law Firm
I am attorney Connie Yi. As an experienced probate and trust litigation attorney, I know the challenges facing personal representatives, executors and trustees. I help those put in charge of estates and trusts navigate the administration system in a seamless and efficient manner.
With offices in Pleasanton, San Francisco and Cupertino, the Law Offices of Connie Yi, PC, guides individuals throughout the Bay Area through non-contested probate cases, and the probate administration and trust administration processes.
Trust Administration And Probate Attorney In San Francisco
Probate administration and trust administration are very similar. In both instances it is necessary for the trustee or personal representatives — or executor — to document and secure the assets in the estate or trust, including real and personal property, bank accounts, investments and insurance policies. Trustees and personal representatives must also contact heirs or beneficiaries, and pay creditors and taxes.
Personal representatives must submit the decedent’s estate to probate while trustees are required to manage trust assets for beneficiaries and distribute trust assets according to the terms of the trust.
Because the probate and trust administration processes are complex, it can be difficult to navigate alone. As an experienced probate and trust administration lawyer, I am intimately familiar with the requirements facing trustees and personal representatives and can help you move through the process in the most efficient manner possible. I also assist with the administration of non-trust assets and prepare gift and estate tax returns.
Representing Trustees And Beneficiaries Throughout The Bay Area
At the Law Offices of Connie Yi, PC, I help trustees and beneficiaries fulfill their duties and protect their rights under state and federal law.
Many individuals find themselves in the position of trustee after the death of a loved one. As a trustee you have many responsibilities and you can be held personally responsible for failure to complete your duties. Because the law holds you to a high standard of care, it is beneficial to consult with an attorney to ensure you meet your duties and fulfill your responsibilities in accordance with legal requirements.
As a beneficiary, you have rights. If a trustee is refusing you access to funds or information you have a legal right to, I can help.
Common Questions About Trust Administration And Probate
Managing an estate often brings up important legal questions regarding your duties and rights. As a trust administration and probate lawyer, I answer common questions below to clarify the process.
Can I transfer a house without probate in California?
Yes, a house can be transferred without probate using specific estate planning vehicles under California law. Holding title in a revocable living trust allows real property to pass directly to named beneficiaries without court supervision. Property held in joint tenancy or community property with right of survivorship also transfers automatically to the surviving owner upon death.
Additionally, a recorded revocable transfer on death deed moves property directly to a designated beneficiary without probate proceedings. Without one of these legal title mechanisms in place, real property held solely by the decedent typically requires formal probate administration.
What is trust accounting, and when must a trustee provide it in California?
A trust accounting is a comprehensive financial report detailing all income, expenses, distributions and asset values managed by the trust during a specific reporting period. Under California law, trustees must deliver a detailed accounting at least once a year to every beneficiary currently entitled to trust income or principal.
This financial report is also required upon a trustee’s resignation or removal, or following the final termination of the trust. Beneficiaries have a legal right to inspect accounting receipts, tax filings and supporting bank records to ensure proper fiduciary administration. However, adult beneficiaries may execute a written waiver agreeing to forgo a formal accounting if they choose.
What if the estate is insolvent (with more debts than assets)?
When an estate is insolvent, California law mandates a strict statutory priority order for settling debts and estate obligations. Administrative expenses, secured obligations, funeral costs, expenses of last illness, family allowances and wage claims take precedence over general unsecured debts like medical bills, credit cards and personal loans.
Personal representatives and trustees must never pay lower priority debts or distribute property to beneficiaries until higher priority claims are fully satisfied. If estate assets are exhausted by higher tier claims, lower tier creditors cannot collect and must absorb the remaining loss. Fiduciaries who pay creditors out of legal order risk personal financial liability for unpaid higher priority claims.
Contact The Law Offices of Connie Yi, PC
If you have been named as a personal representative, trustee or beneficiary of an estate, you have many legal rights and responsibilities. For help during the probate and trust administration process, contact me, attorney Connie Yi, at to schedule a consultation. I speak fluent Mandarin and Cantonese.