Frequently Asked Questions (Probate & Trust)

Do living trusts go through probate?


No. When a living trust holds title to some of the decedent's property and/or assets, that property/asset passes to the beneficiaries without probate. 


Who is the administrator of a will? How do I determine if I am responsible for the administration? 


If there is a Will, the person named as executor will usually be appointed as the personal representative - this means she or he is responsible for managing the estate and following probate rules and procedures.

The executor has no authority and cannot act as personal probate representative until he or she is appointed formally by the court and testamentary letters are issued by the Court Clerk. This can sometimes be difficult to understand and may require attorney knowledge and attention.

If there is no Will, or if the Will doesn't name an executor, or the person named as executor in the Will is unable to be executor or does not want to be executor, the probate court appoints someone called an administrator to handle the process. The Court often chooses a person who will inherit some portion of the decedent's assets or the closest living relative of the decedent. 


San Francisco
Address: 625 Market Street, Penthouse
City/State: San Francisco, Ca 94105
Phone: (415) 399-6830
Fax: (415) 391-0141

Ruben Law Firm provides compassionate family law and divorce attorney representation to clients in Northern California. Including San Francisco County, Alameda County, Contra Costa County, Sonoma County, Santa Clara County, Santa Cruz County, Napa County, Los Angeles County and Orange County.

Contact Info

  • 625 Market Street, Penthouse
  • San Francisco, CA 94105
  • Phone: (415) 399-6830
  • Fax: (415) 391-0140
  • E-Mail: