# LLMs-Full.txt - Full Content for Project Pages # Generated on: 2026-01-28T00:24:41.644Z # Total pages: 25 --- ## URL: https://www.christinepadillalaw.com/blog ### Title: Blog ### Page ID: 67495 ### Content: ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) How long does Probate take in San Diego? is one of the first questions we hear from clients wondering about the Probate process in San Diego. When family members find themselves faced with the Probate process, they want to know how long Probate will take, among other common questions. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - 1 - [2](https://www.christinepadillalaw.com/blog?page=2) --- ## URL: https://www.christinepadillalaw.com/home ### Title: San Diego Will and Trust Planning Attorney | Law Office of Christine Padilla ### Page ID: 67496 ### Content: # Estate Planning | Trusts | Probate ## **WELCOME TO THE LAW OFFICE OF CHRISTINE PADILLA** ## Our Practice Areas ### Estate Planning ### California Probate ### Trust Administration ## Christine Padilla's Associations ## **RECENT WILL AND ESTATE PLANNING ARTICLES** ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) All too often, I’ve heard clients express their desire to prepare estate planning documents, which, for one reason or another, was never made a priority. One client voices their uncertainty of what estate planning involves; another questions which estate planning documents are truly necessary. At the Law Office of Christine Padilla, we recognize that estate planning may appear complex. Likewise, facing trust administration and probate can seem monumental and exhausting. It is our goal to guide our clients through these processes, while providing clients with clarity and confidence in their decisions. A personalized estate plan may involve a will, a trust, or appointment of financial powers of attorney. It may involve re-titling assets, or nominating guardians for minor children. A properly prepared estate plan can provide great peace of mind that a plan is in place which is both sound and current. Importantly, a plan is in place which will genuinely work, at the time you and your family need it the most. At the Law Office of Christine Padilla, we believe an estate plan is one of the most necessary and considerate things you can do for yourself and your family. We are available to review, discuss, and update your estate plan as needed. We welcome you to contact our office for a free consultation to discuss your estate plan today. –Christine Padilla, Owner and Attorney at Law Estate planning is the process of creating a plan in advance for what happens to your "estate," or everything you legally own, in the event you become ill or die. The process typically begins with one preparing a will or trust to provide direction for what will happen to their estate. How long does Probate take in San Diego? is one of the first questions we hear from clients wondering about the Probate process in San Diego. When family members find themselves faced with the Probate process, they want to know how long Probate will take, among other common questions. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/about ### Title: About | Law Office of Christine Padilla ### Page ID: 69447 ### Content: # About Us ## Christine Padilla, Esq. ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Christine Padilla received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. After graduating from SDSU, she received a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. She passed the California State Bar in the same year, and is admitted to practice law in all courts in the State of California. Christine spent the majority of the early years in her legal career defending individual clients and corporations in civil litigation cases, specializing in insurance bad faith, construction defect, personal injury, and broker liability cases. She was privileged to work as an associate at the Law Offices of Kenneth Greenfield and at Skane Wilcox, where her mentors impressed upon her their strong work ethic. Christine subsequently spent several years as an independent contractor, assisting individuals and firms with a variety of diverse litigation and contractual needs. In founding the Law Office of Christine Padilla, Christine made the decision to primarily focus on her client’s estate planning and probate needs. Christine recognized the need for individuals and families to consult with an attorney they can rely upon and trust, whether in assisting them in the establishment of personalized California estate planning documents such as a will or trust, or in guiding them through the sensitive nature of probate in the San Diego Superior Courts. While the task of establishing one’s estate plan may appear monumental to some, estate planning is vital for those who desire to have a voice in the management and direction of their future affairs. Christine remains as passionate now about providing her clients with quality estate planning and probate services as she was when she represented her clients in litigation. In addition, she remains committed to approaching each client’s situation with thoughtfulness and integrity, and will continue to assist her clients in constructing unique solutions to their estate planning needs. Christine is a past member of San Diego Defense Lawyers, where her strengths and legal abilities were recognized when she was named the 2007 Outstanding New Lawyer. She is currently a member of the California State Bar, the San Diego County Bar Association, and San Diego Probate Attorneys. Christine has lived in San Diego all of her adult life. Christine and her husband Jeff Padilla met in their last year of school at the University of San Diego School of Law, and were married shortly after. Jeff and Christine are now raising their two girls in San Diego, where they often spend time with their large extended family. Christine volunteers at her daughters’ school and served as the “cookie mom” for her daughter’s Girl Scout troop. She also enjoys hiking in San Diego, reading, and travel. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/contact ### Title: Contact | Law Office of Christine Padilla ### Page ID: 69469 ### Content: # Contact Us ## Law Office of Christine Padilla ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) I have read and understand the [**Legal Disclaimer**](/legal-disclaimer) and understand that filling out this form does not establish an attorney client relationship. We would love to hear from you. Please fill out the short contact form to the left, or feel free to call us directly at our San Diego Estate Planning office. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/wills-trusts-and-an-estate-plan ### Title: Wills Trusts and an Estate Plan | Law Office of Christine Padilla ### Page ID: 69470 ### Content: # **WILLS, TRUSTS, AND AN ESTATE PLAN** ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) An estate plan is the process of preparing a plan in advance for what will happen to your estate, or everything you legally own, in the event you become mentally incapacitated or pass on. Importantly, an estate plan will serve to equip your family and loved ones with the necessary tools to administer your assets and manage your affairs, including your healthcare, should it become necessary. Typically, this involves the preparation of several legal documents, including a will, a trust, and a financial power of attorney. It also often includes an advanced healthcare directive for yourself, and a guardian nomination for any minor children you may have. Carefully prepared instructions and legal documents are invaluable to family and loved ones during the time you are no longer able to provide necessary direction. A written will allows you to designate how your personal assets will be distributed. However, it does not ensure your assets will not go through a costly and lengthy court proceeding known as probate. One of the primary goals of a well-prepared estate plan is to avoid probate, while also minimizing or avoiding unnecessary taxes, legal fees and costs when passing on your assets. This process often involves the preparation of a trust and/or the retitlement of real property and existing accounts. If you have not yet established an estate plan or wish to modify your existing will, trust or other legal documents, we encourage you to do so without delay. At the Law Office of Christine Padilla, we provide a complimentary consultation and are prepared to guide you in the development of a well-crafted plan tailored to your individual situation. We welcome you to contact us for a consultation or with any questions about the estate planning process you may have. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/probate-in-california ### Title: Probate in California | Law Office of Christine Padilla ### Page ID: 69471 ### Content: # Probate In California ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Probate is a court supervised proceeding of managing a person’s estate, or all of their remaining assets, at the time the person passes away. One’s estate may go be required to go through probate depending on whether a proper estate plan was set up, the title in which property is held, and the value of the remaining estate. Because the probate process can be costly and potentially take years to administer, estate plans often involve the preparation of a trust with the goal of avoiding probate. In the event one passes away and it is determined one’s estate must go through probate, the probate process in simplest terms involves: In reality, probate can be a complex legal process which may be difficult to navigate and may also be contentious. At the Law Office of Christine Padilla, we are available to provide legal guidance to Executors and Administrators during the probate process. If you or someone you know has questions about the probate process or are in need of a California probate attorney, we welcome you to contact us at the Law Office of Christine Padilla. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - Probate petition filed with the correct court - Proper notice of upcoming hearing according to whether there is a valid existing will; if no valid will exists then to statutory heirs at law - Court appointment of personal representative of the estate, known as the Executor if there is a valid existing will, or an Administrator of the estate if no valid will exists - Taking inventory and appraisal of assets - Paying estate debt to creditors - Distribution of remaining assets to heirs --- ## URL: https://www.christinepadillalaw.com/guardianship ### Title: Guardianship | Law Office of Christine Padilla ### Page ID: 69473 ### Content: # Guardianship ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) A Guardianship is a relationship established under a Court supervised process, whereby a guardian is appointed to care for a minor child or the child’s estate. Typically, a guardianship is established when one or both birth parents are no longer able to effectively care for their minor children or children’s assets. Under these circumstances, the Court can either order a guardian to assume care and custody for the minor, to manage the minor’s estate until the child is of legal age, or to do both of these things if necessary. A guardianship for a minor’s estate is particularly necessary in the event a minor child receives or inherits a substantial amount of money or assets. The Court appointed guardian is under a fiduciary duty to manage the minor’s estate, to ensure the child’s money or assets are fully safeguarded and protected. At the Law Office of Christine Padilla, we are available to assist our clients in establishing a guardianship for a minor’s estate, and in providing legal advice concerning the required fiduciary duties bestowed upon a guardian in this type of situation. We welcome you to contact our office in the event you need assistance establishing a guardianship of a minor’s estate or advice concerning the management of the same. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/successor-trustee-duties-and-trust-administration ### Title: Successor Trustee Duties and Trust Administration | Law Office of Christine Padilla ### Page ID: 69479 ### Content: # Successor Trustee Duties And Trust Administration ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / Successor Trustee Duties And Trust Administration Trust administration refers to the process of managing the property and assets of a person’s trust upon that person’s incapacitation or death. At that time, the named successor trustee of the trust assumes control and management of the assets that were placed in the trust. The successor trustee duties are to now ensure the established terms and goals of the person’s trust are properly carried out. The process of trust administration may include, but is not limited to, notifying proper parties, paying off existing debts, appraising and selling property, and assisting in the management or distribution of remaining assets for beneficiaries who were named in the trust. However, trust administration is not a court-supervised process and at times may prove to be a complex process for the successor trustee. The successor trustee may require qualified legal assistance, particularly in situations involving substantial assets or disputes between the beneficiaries of asset distribution. At the Law Office of Christine Padilla, we are available to answer questions about this process and provide legal guidance to successor trustees during this time. We welcome you to contact our office in the event you have assumed the duties as a successor trustee and find you are in need of assistance during the process of trust administration. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/medical-authorization-form-for-a-minor ### Title: Medical Authorization Form For A Minor ### Page ID: 69662 ### Content: # Medical Authorization Form For A Minor ## Medical Authorization Form For A Minor ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / General / Medical Authorization Form For A Minor Posted in : Blog, General, Wills, Trusts, and Estate Planning on 5/2/2021 by Christine Padilla, Attorney School is almost out, and summer is in full swing for many San Diego families. For many, summer brings fun family outings and vacations. At times, this means children get to travel to stay with grandparents or other family members, without mom and dad. And occasionally, mom and dad are able to sneak away for a little trip of their own. In situations such as these, are there medical authorization forms a parent should consider when leaving their minor child in the care of a family member or babysitter? Occasionally, parents leave their children under the care of another for something other than a date night. If mom or dad go on a weekend trip where they may not be able to be reached, or are traveling outside the country, the parent should consider what might happen if an accident occurs. Will the babysitter be able to take a minor child to the doctor for treatment? If the accident is an emergency type situation, the minor child will be able to receive treatment. California law provides: “A provider shall not be liable for performing a procedure on a minor if the provider “reasonably believed that \[the\] procedure should be undertaken immediately and that there was insufficient time to obtain \[parental\] informed consent.”*Cal. Bus. & Prof. Code*§ 2397 This law is applicable regardless of whether the parent is present, or the age of the minor. However, in the absence of an emergency, a doctor’s office will most likely require a medical authorization form prior to providing treatment. As an example, prior clients of Law Office of Christine Padilla were traveling recently without their minor children. The children were in grandma’s care, and grandma had to take one child to the doctor for what turned out to be a meningitis scare. Unfortunately, despite the child being with their maternal grandmother, the doctor’s office declined to provide treatment without a signed medical authorization form by the child’s parents. This proved to be both difficult and time consuming, since the parents were traveling outside of the country. There are certain situations where a child may be able to consent to a particular type of treatment, particularly an older child. However, as a precaution, it is always advisable that parents execute a medical authorization form prior to 1) traveling without their minor children, or 2) leaving minor children in someone else’s extended care. The authorization form should provide for the type of medical authorization, the time frame for the authorization, and include the child’s insurance information. Your child’s pediatrician may have these types of forms available, or you may request your legal counsel prepare one of these forms on your behalf. Your estate planning attorney can provide your family with assistance in preparing not only for what happens to your property should you pass, but also in what may be necessary should you be unavailable to make decisions on behalf of your minor children. At the Law Office of Christine Padilla, we wish everyone a safe and happy summer in San Diego, and welcome you to [contact us](/contact) with any of your estate planning needs. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. 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She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - 1 - [2](https://www.christinepadillalaw.com/general?page=2) --- ## URL: https://www.christinepadillalaw.com/will-trust-estate-planning ### Title: Wills, Trusts, and Estate Planning ### Page ID: 69666 ### Content: # Wills, Trusts, and Estate Planning ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - 1 - [2](https://www.christinepadillalaw.com/will-trust-estate-planning?page=2) --- ## URL: https://www.christinepadillalaw.com/legal-disclaimer ### Title: Legal Disclaimer | Law Office of Christine Padilla ### Page ID: 69728 ### Content: ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Please be advised that the content contained on this website is not legal advice, nor is it intended to be. Any and all content on this site is provided without warranty of any kind, whether express or implied. In the event you are in need of legal counsel, it is recommended that you seek counsel from an attorney who can provide you legal advice applicable to your individual situation. We welcome you to contact our office for your legal needs. Mere contact with our office does not establish an attorney-client relationship. Please refrain from sending any confidential information to our office until such time that an attorney client relationship has been established. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/joint-tenancy-problems-if-a-couple-dies-simultaneously ### Title: Joint Tenancy Problems If A Couple Dies Simultaneously ### Page ID: 70461 ### Content: # Joint Tenancy Problems If A Couple Dies Simultaneously ## Joint Tenancy Problems If A Couple Dies Simultaneously ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / California Probate / Joint Tenancy Problems If A Couple Dies Simultaneously Posted in : Blog, Wills, Trusts, and Estate Planning, California Probate on 4/12/2021 by Christine Padilla, Attorney Assume Jack and Jill are married and involved in an unfortunate car accident. Jill has 2 children from a previous marriage, and Jack has no children. Jill passes away immediately, and Jack passes away at the hospital a day later. What happens to the married couple’s estate in a situation such as this, where they die together? What are potential joint tenancy problems if a married couple dies simultaneously? The answer to this question depends on many factors, including whether the couple had an estate plan in place such as a trust or will, and how the couple held title to their assets. In the event a couple had an estate plan including a trust in place, their assets will be distributed to their beneficiaries in accordance with the distribution plan the couple set forth in their estate planning documents. However, let’s assume Jack and Jill did not have a will or trust, and instead just held their real estate and accounts jointly, as some married couples do.  When assets are held jointly, the surviving spouse is typically able to inherit these assets simply, without the need for a court supervised process known as Probate. Unfortunately, this plan becomes ineffective if misfortune occurs and both spouses pass at or near the same time. Under a law known as The Uniform Simultaneous Death Act, in order for an heir (including a spouse) to inherit, the heir must survive the decedent by at least 120 hours (5 days). In the event the heir does not survive the decedent by 120 hours, the law treats the heir as having died simultaneously at the same time as the decedent, and this leaves the estate subject to Probate.  A decedent’s estate that is subject to Probate is passed through the Court system to the decedent’s heirs (close relatives) according to state intestacy laws. In the situation above, Jack would have received a share of Jill’s estate, if Jack was considered the surviving spouse. However, because Jack did not survive Jill by the required 120 hours, the law will treat this situation as a simultaneous death.  When two spouses pass away at the same time while holding assets jointly, they each have their own separate decedent estates. Since both spouses died simultaneously, Jill’s share of the estate would now be forced to go through Probate. Ultimately the Court would pass her share of the estate to her heirs next in line (her children). If her children were minors at the time, the process would be further complicated, as the Court would need to approve guardians for the minors. Jack’s share of the estate, meanwhile, would also now be subjected to Probate, and ultimately passed to his heirs next in line (his parents, or siblings, etc., since Jack didn’t have any children). Note that a different outcome would result if Jack had survived Jill by over 120 hours, but then still passed away. If, for example, Jack lived for a week in the hospital before passing, Jack would be considered the surviving spouse.  Assuming Jack and Jill held title to all of their assets jointly, all of Jill’s share of the assets would have automatically passed to Jack. Upon his passing, however, the entire estate would be forced to go through Probate. Ultimately Jack’s heirs would be the heirs to the couple’s estate, and, because Jill’s children are from a prior marriage and not likely considered Jack’s heirs, Jill’s children could end up receiving nothing. The above illustrates just one of the scenarios that can occur with assets held in joint tenancy without any further estate planning in place. While we cannot predict our future, we can make decisions now that will provide our family and loved ones with a well thought out plan that will guide them after we are gone. If you have not yet developed an estate plan for your family, or need assistance in revising your current estate plan, we invite you to [contact](/contact) the Law Office of Christine Padilla for a complimentary estate planning consult. –Christine Padilla, San Diego Attorney at Law Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/do-step-children-inherit-from-a-step-parent ### Title: Do Step Children Inherit From A Step Parent? ### Page ID: 71758 ### Content: # Do Step Children Inherit From A Step Parent? ## Do Step Children Inherit From A Step Parent? ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / General / Do Step Children Inherit From A Step Parent? Posted in : Blog, General, Wills, Trusts, and Estate Planning on 3/04/2021 by Christine Padilla, Attorney In the popular television show, Modern Family, Jay and Gloria are raising two children. One son, Manny, is Gloria’s child from a previous relationship, but was raised primarily by Jay and Gloria. Their younger son, Joe, is Jay and Gloria’s biological child. If something were to happen to Jay, and Jay passed away without a will in place, would both boys inherit from Jay? Do step children inherit from a step parent in the same way a biological child does? If you die without a will, your assets will go to your closest relatives under state “intestate succession” laws. In today’s age, many of us find ourselves in blended families, with divorce and remarriage being fairly common. This raises the question as to whether step children can inherit from a step parent, especially if they were raised by the step parent. If a step parent specifically designates the step child to receive an inheritance, whether through a will, trust, or some other method of estate planning, the step child will certainly receive an inheritance. However, in the absence of any estate planning by the step parent, intestate succession laws in most states usually require an adoption of the step child during his/her life, in order for the Court to allow the step child to inherit a share of the step parent’s assets at the step parent’s passing. There are a few states that have made some exceptions to the adoption requirement. In California, for example, state intestacy law allows a step child to inherit from a step parent, if it can be proved 1) the relationship with the step child began while the step child was a minor and continued until the present, and 2) there is clear and convincing evidence the step parent would have adopted the child if they were legally able to so. California Probate Code Section 6454. Back to the example above, Jay would have needed to take some estate planning steps concerning his assets, such as having a will or a trust in place, to ensure Manny would receive an inheritance. If Jay were to pass away without an estate plan naming Manny, Jay’s assets would automatically be passed to Gloria and Joe under California intestate succession law. Although Jay raised both Manny and Joe, Manny would not be entitled to an inheritance from Jay, because he was never formally adopted by Jay. The only exception the Court might consider in allowing Manny to inherit, would require demonstrating Jay would have adopted Manny but was prevented from doing so because of a legal barrier. As common as having a will may seem, many people often neglect to execute their estate planning until it is too late. Without a will, the Court is often left to distribute one’s estate through a lengthy and costly process known as probate, in accordance with California intestacy laws. For more information on family members entitled to inherit in the absence of a will, see our recent article [here](/what-happens-if-i-die-without-a-will-in-california). For those who have not established their estate plan or who need assistance with California Probate, we welcome you to [contact the Law Office of Christine Padilla](/contact) for a complimentary consultation. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/california-probate ### Title: California Probate ### Page ID: 71759 ### Content: # California Probate ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) How long does Probate take in San Diego? is one of the first questions we hear from clients wondering about the Probate process in San Diego. When family members find themselves faced with the Probate process, they want to know how long Probate will take, among other common questions. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/what-estate-planning-documents-do-i-need ### Title: What Estate Planning Documents Do I Need? ### Page ID: 71879 ### Content: # What Estate Planning Documents Do I Need? ## What Estate Planning Documents Do I Need? ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / General / What Estate Planning Documents Do I Need? Posted in : Blog, General, Wills, Trusts, and Estate Planning on 2/21/2021 by Christine Padilla, Attorney **Estate Planning Documents Everyone Should Consider:** There are some who are under the misconception that estate planning is only for the “rich.” In reality, estate planning is for anyone who cares about the distribution of their assets (whether big or small), and in reducing undue confusion and stress for their loved ones and family during an already difficult time. Estate planning is the process of creating a plan in advance for what happens to your estate, or everything you legally own, in the event you become ill or die. The following are basic estate planning documents everyone should consider. In addition to these common estate planning documents referenced above, your estate planning attorney will often discuss and include a California Advance Health Care Directive and Nomination of Guardian for Minor Children in your planning. If you would like to discuss what documents you need for your personalized California estate plan, we welcome you to [contact the Law Office of Christine Padilla](/contact) at our San Diego Location Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") 1. Preparation of a Will or a Trust: Either of these documents allow a person to set forth a distribution plan for their assets, providing direction as to who will receive your assets in the future. A Will is generally more simple to prepare than a Trust. However, while a Will allows one to provide direction as to how one would like their assets distributed, the distribution of one’s assets may still be subject to a court supervised process known as Probate. A Trust is an estate planning document that is typically more detailed than a Will, and the cost is slightly higher to prepare. If prepared properly, however, a Trust can provide significant cost savings by allowing one’s assets to bypass Probate and potential estate taxes. 2. Up to Date Beneficiary Designation Forms: Many assets, such as IRA’s, 401Ks, annuities, and life insurance policies will provide benefits upon your passing in accordance with beneficiary designation forms. It is imperative that the beneficiaries you have named are up to date, and that you have named alternative beneficiaries on these accounts as well. In addition, it is vital that you have designated the same beneficiaries on your beneficiary designation forms as those you have named in your Will or Trust for these accounts. In the event of a conflict between the language of the beneficiary designation form and a Will or Trust, the beneficiary designation form will likely prevail. 3. Durable Power of Attorney: The Power of Attorney document is an extremely powerful document, authorizing another to act on your behalf for business, legal, and financial purposes. The powers granted within this document may be sweeping, or limited as desired. It may be enacted immediately upon signature (as is often the cases with spouses), or may not go into effect until one is incapacitated or incompetent. The “durable” nature of this document permits another to continue to act in your place while you are unable to act on your own. The powers granted within a Durable Power of Attorney end upon one’s passing. --- ## URL: https://www.christinepadillalaw.com/what-happens-to-my-trust-if-i-move ### Title: What Happens to My Trust if I Move Away from California? ### Page ID: 71890 ### Content: # What Happens to My Trust if I Move Away from California? ## What Happens to My Trust if I Move Away from California ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / General / What Happens To My Trust If I Move? Posted in : Blog, General, Wills, Trusts, and Estate Planning on 1/09/2021 by Christine Padilla, Attorney When relocating from California to a new state, the question is often asked: What happens to my trust if I move? Do I need to have my trust redone if I relocate to another state? A trust is a legal entity created primarily for establishing a distribution plan for one’s assets and to avoid probate. In many instances, the language within the trust will specify that the trust is governed by the laws of a particular state. At times the state where the trust was created differs from the state where the Trustor (the person creating the trust) last resides. A trust is typically administered in the state where the Trustor last resides. Under the circumstances where someone has created a trust in one state and subsequently moved to another, the court will typically look to the laws of the former state with respect to the validity and interpretation of the trust document. However, depending on the language of the Trust, the laws of the second state (where the trust is being administered) may apply with respect to duties of trust administration. Accordingly, if trust administration issues arise, such as disputes over the duties of a Trustee or the rights of the beneficiaries, the court may consider the laws of the second state. One of the goals of establishing a trust is to entirely remove court involvement from the distribution of one’s assets. However, there are times when court involvement becomes necessary, such as when the trust document or the actions of a Trustee are contested. In these situations, it would be unfortunate to deplete the assets of a trust in a legal battle over conflicting state laws. For this reason, it is often recommended that a Trustor amend and update their trust when moving to a new state. If you have questions as to whether you should amend your estate planning documents after moving to or from California, we invite you to [contact the Law Office of Christine Padilla](/contact), a San Diego law office specializing in estate planning and probate in California Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. 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Posted in : Blog, General, Wills, Trusts, and Estate Planning on 12/05/2020 by Christine Padilla, Attorney Congratulations, you prepared your estate plan, including your family trust. You now believe that your assets are safe from probate, and they will pass to whom you’ve designated, in the manner you’ve designated. Everything, in your mind, has been taken care of. However, is this truly the case? Review some of the following common pitfalls and misconceptions below about trusts, to ensure your estate plan is ready and able to function as you intended. A trust is a legal entity, created by a Trustor for the purposes of 1) avoiding probate, 2) reducing estate taxes, and 3) designating the who’s and how’s of the manner in which your estate will be passed on to your beneficiaries. However, for the trust to be able to provide these levels of protection, the trust must be funded*.* In other words, you must transfer your assets and accounts into the trust, to enable your trust to be able to function. Indeed, a trust without any assets or accounts can be viewed as mere fancy words on paper, void of any real power. It should be noted that it is not necessary to transfer all of your assets/accounts into your trust, and each person’s circumstances will vary. Some assets are able to avoid probate based on the title in which they are held, or by the use of pay on death beneficiary designations. In addition, probate may be avoided if the total value of your estate is less than a certain amount, which in California is currently set at $150,000. Due to the high cost of real estate in California, most people are advised at a minimum to transfer their real property into their trust. A surprisingly common mistake can be forgetting to transfer your house, or in particular, your new house after a recent move, into your trust. Failure to do so can leave your house exposed to shockingly high costs and fees in the probate process, all of which could have been avoided. Another pitfall in establishing one’s estate plan is the notion that the language of your will or trust will take precedence over the language in your beneficiary designation forms. Say, for example, years ago when you set up life insurance, you named your nephew as the beneficiary to your life insurance. Now, when establishing your estate plan, you instead decide to name your child in your will or trust as the beneficiary to all your assets, including your life insurance proceeds. In the event of your passing, which beneficiary will receive the life insurance proceeds? Even though your estate plan was established more recently, the person you named on your life insurance beneficiary designation (in this case, your nephew) will prevail in receiving the insurance money. This is because by law, the insurance company is required to make payment to the person named on the beneficiary form, regardless of the language of a person’s will or trust. Payable on death beneficiary forms are utilized in many situations, such as with life insurance or retirement accounts.  As such, it is of utmost importance to ensure your payable on death forms are current, and the beneficiaries named on these accounts in your estate planning documents mirror the beneficiaries listed on the forms. As evidenced above, understanding how your trust can and cannot function presents a myriad of issues, not only during the initial preparation of your trust, but also in the years to come afterwards. One of the most unfortunate estate planning mistakes is to have your trust prepared, and then neglect to review or update your estate plan as time passes. Circumstances, life, and the law change. At the Law Office of Christine Padilla, we welcome you to [contact us](/contact) to establish or review your estate plan, to ensure your wills and trust will truly function as you intended. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/what-happens-if-i-die-without-a-will-in-california ### Title: What Happens If I Die Without A Will In California? ### Page ID: 71899 ### Content: # What Happens If I Die Without A Will In California? ## What does it mean to die “intestate” in California? ## Certain Property Exempt from California Intestate Succession: ## California Intestate Succession Law: ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / California Probate / What Happens If I Die Without A Will In California? Posted in : Blog, General, California Probate on 11/15/2020 by Christine Padilla, Attorney What happens when someone passes away without a will in California? A person who passes away without first establishing a valid will is said to die “intestate.” When one dies without a valid will, a person’s estate is passed to their heirs according to California laws of intestate succession, which are found in the California Probate Code. The court supervises the transfer of the person’s remaining property and assets through a legal process known as probate. It should be noted that certain assets may be exempt from passing according to the laws of intestate succession. These are assets which pass automatically without court assistance, usually due to the title in which they are held. These assets may include various jointly held accounts, or accounts with a named pay on death beneficiary, life insurance proceeds, certain retirement accounts with a designated beneficiary, and certain forms of jointly owned real estate. Generally speaking, all other remaining assets of a person who passes away without a will are required to go through the court supervised process of probate, and the assets are then distributed according to local intestacy law. According to the California laws of intestate succession, when one dies without a will, their probate estate is distributed by the court as follows: If Married at the Time of Death: If the decedent was married at the time of death, it must first be determined whether the property is community property. California is a community property state, and accordingly there is a legal presumption that property which is acquired during the time of the marriage is considered community property. On the other hand, separate property refers to property acquired before the marriage, property acquired through gift or inheritance, property purchased with separate property funds, or property acquired after a couple has separated. If Unmarried at the Time of Death: If the decedent was not married at the time of death, property is distributed as follows: As indicated above, portions of an estate may be exempt from California laws of intestate succession, even though a decedent did not execute a will. However, the majority of an estate without a will or trust is usually subject to California intestacy laws, and must pass through the probate system in California Court. It is also important to note that while a valid will provides the Court with direction as to how to distribute your assets, a will *does not* automatically prevent your estate from going through the probate process. To learn more about the difference between transferring property through a will or a trust, see our [recent article here](/what-is-the-difference-between-a-will-and-a-trust). Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - If survived by only a spouse, with no issue (lineal children, grandchildren, or great grandchildren, etc.), parents, siblings, or issue of siblings, then the spouse receives 100% of the community property and 100% of the separate property - If survived by a spouse, with children, or deceased children’s issue, then the spouse receives 100% of the community property, and between 1/2 and 1/3 of the separate property, depending how many children there are. The remaining 1/2 to 2/3 of the property is distributed per stirpes to the children or deceased children’s issue. - If survived by a spouse, with no issue but with a parent or parents, then the spouse receives 100% of the community property, and 1/2 of the separate property. The remaining 1/2 is distributed to the parent(s). - If survived by a spouse, with no issue, no parents, but with a sibling or siblings, then the spouse receives 100% of the community property, and 1/2 of the separate property. The remaining 1/2 is distributed to the sibling(s). - If survived by issue (lineal children, grandchildren, or great grandchildren, etc.), the issue receive 100% of the property and take equal shares if in the same generation - If survived by a parent or parents, with no issue, the parents receive 100% of the property. - If survived by siblings, with no issue and no parents, the siblings receive 100% of the property and take equally if of same degree of kinship to the decedent - If survived by grandparents or issue of grandparents, with no issue, parents, or siblings, the grandparents, or grandparents’ issue if the grandparents did not survive, receive 100% of the property, taking equal shares if of the same degree of kinship to the decedent. - If survived by issue of a predeceased spouse, with no surviving issue, parent, or issue of parent, grandparent or issue of grandparent, the issue of the predeceased spouse receive 100% of the property, taking equal shares if of the same degree of kinship to the predeceased spouse. - If survived by next of kin, with no surviving issue, parent, or issue of parent, grandparent or issue of grandparent, or issue of the predeceased spouse, then the next of kin receive 100% of the property, taking equal shares if of the same degree of kinship to the decedent. - If survived by parents of a predeceased spouse, or issue of the parents of a predeceased spouse, with no surviving issue, parent, or issue of parent, grandparent or issue of grandparent, or issue of the predeceased spouse, or next of kin, then the parents of the predeceased spouse, or issue of the parents of the predeceased spouse, receive 100% of the property, taking equal shares if of the same degree of kinship to the predeceased spouse. --- ## URL: https://www.christinepadillalaw.com/avoiding-probate-in-california ### Title: Avoiding Probate In California ### Page ID: 71906 ### Content: # Avoiding Probate In California ## What is California Probate? ## What Are Some Of The Disadvantages to Probate? ## What Are Some Of The Disadvantages to Probate? ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / California Probate / Avoiding Probate In California Posted in : Blog, General, California Probate on 10/24/2020 by Christine Padilla, Attorney When someone passes away, many times family and friends are left determining how to manage and distribute the person’s remaining assets, otherwise known as their estate. Depending on the size of the estate and the title in which assets are held, it is often necessary to open a probate case in the local California Superior Court to administer and distribute an estate. California Probate is a court proceeding under which the court appoints and supervises a personal representative or administrator to gather one’s assets, settle any outstanding debts and expenses, and distribute the remainder of the person’s estate. Probate is required when someone passes away without a valid estate plan in place to avoid Probate. In the event the person left a will but their assets are worth over the California Probate amount of $166, 250, the Court will appoint the executor of the will as the personal representative to distribute the estate in accordance with the person’s will. In the absence of a will, the Court will appoint an administrator as the personal representative to distribute the person’s estate in accordance with state law. You may have heard you want to avoid probate, but are uncertain of the reasons why. Some of the disadvantages to the probate proceeding is that California probate can be both lengthy and costly. Depending on the timing of the probate court and potential difficulties administrating and distributing the estate, the length of time to open and close probate may vary, but the average time for a California Probate is a year and a half. There are required court fees and costs, appraisal fees, and statutory fees that both the executor and legal counsel are entitled to under California law, based on the size of the estate. Currently, the executor and legal counsel are each separately entitled to 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $15,000,000 of the assets of the estate. In addition to the exposure to costly fees and potential delay, the distribution of an estate through the probate proceeding also renders the matter public. As such, information such as the value of one’s assets, beneficiaries to the estate, and conditions for receipt of assets can be made publicly available. In California, some of the common ways to attempt to avoid a probate include the following: Many of the options listed above implicate various tax consequences, potential exposure to joint account creditors, and other legal consequences. If you need assistance determining whether your estate may be subject to California probate or how to avoid probate, we welcome you to [contact the Law Office of Christine Padilla](/contact) conveniently located in North County San Diego. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. 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### Page ID: 71908 ### Content: # What Is The Difference Between A Will And A Trust? ## A California Will: ## A California Trust: ## Do I need a Trust or a Will? ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / General / What Is The Difference Between A Will And A Trust? Posted in : Blog, General, Wills, Trusts, and Estate Planning on 9/8/2020 by Christine Padilla, Attorney A will is a legal document in which the person creating the will, known as the testator, sets forth persons or an entity to inherit their estate at the time they pass. An estate includes all assets owned by the testator at the time of death, such as real estate, bank accounts, securities, personal property, and any other assets one may own, regardless of the size or value of the same. In California, a will does not need to be notarized. However, it does need to be signed by the testator in the presence of two legal witnesses, unless it is written in the testator’s own handwriting and is a valid holographic will. When a person passes away without having a valid will in place, a person is said to die intestate. The property of a person who dies without a valid will is distributed according to state laws where the person last resided, via a process known as intestate succession. Each state has its own set of laws which govern how property is distributed. In the event the person owned real property outside of the state where they resided, the laws of the state where the property is located will govern. Similar to a will, a trust is likewise used to designate persons or entities who will inherit one’s estate at the time one passes. However, a trust is a legal entity which allows one to transfer their assets into the trust.  The creators of the trust, known as the trustors, can choose to retain full control over all of their assets placed within the trust.  The goal of transferring ownership of assets into a trust is generally to avoid a lengthy and costly court process known as probate, as well as to avoid incurring unnecessary taxes and legal fees during the final transfer of one’s assets. In addition, by placing one’s assets into a trust, a trustor can set forth specific terms for the management and distribution of their assets after the trustor has already passed.  Various trust entities can be prepared in California depending upon one’s circumstances, the most common of which today is known as a revocable living trust. Clients often question whether it is necessary for them to establish a trust and go through the process of transferring their assets into the trust, particularly if they already have a will in place. While a will provides a Court with direction as to how to distribute your estate, it does not exempt one’s estate from probate. In California, certain estates considered to be small estates may qualify for exemption from probate. However, the vast majority of people owning real estate in California do not qualify for this exemption, and as such trusts are often used to prevent an estate from going through probate. Whether it is advisable for one to establish a trust depends on many factors, including an evaluation of the value of a client’s assets, the manner of title in which real estate and other assets are held, and, importantly, the goals and wishes of the client. To determine whether you are in need a will or trust, we invite you to [contact the Law Office of Christine Padilla](/contact) at 858.342.4296 to schedule a complimentary consult and discuss your estate planning needs. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/testimonials ### Title: Testimonials | Law Office of Christine Padilla ### Page ID: 100595 ### Content: # Testimonials From San Diego Locals ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) *Christine is very knowledgeable, professional, timely, and  thorough.  Also, at the same time she is friendly, instills confidence and trust throughout the process as she communicates clearly. I would certainly recommend Christine to anyone I know for assistance for making a trust or will, and I would use her services again if the situation arises.* *Christine Padilla graciously revised all of my estate planning docs that had become invalid after my divorce. I was dealing with a life threatening situation and she came to the hospital along with a notary to be sure that my affairs were in order.  I truly appreciate Christine for recognizing the urgency of the situation and giving me the piece of mind that I needed!* *My family called several attorneys for advice and direction regarding a legal matter pertaining to our elderly mom who moved from another State and now lives in CA. Christine Padilla was the only one who called back promptly and was very helpful. She reviewed mom's legal documents, advised a course of action, drew up appropriate California documents and was very professional, supportive and caring in her interactions. It is very refreshing to have found an Attorney who is so caring and considerate. I certainly recommend Christine Padilla and will turn to her again for any future needs.* *Thank you Christine for wading through all of our paper work to help us get our trust up-to-date! She is excellent at interpreting all the wording and organizing what needs to be done! I recommend Christine for any of your estate needs!* *Words cannot describe how grateful I am to have been referred to Christine Padilla. It is evident that Christine shows genuine compassion for her clients based on how she helped me through a very difficult situation. I would recommend Christine to anyone that is seeking legal advice or counsel.* Click the images below to read reviews of San Diego Attorney Christine Padilla on Yelp, Avvo and Google Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") --- ## URL: https://www.christinepadillalaw.com/reset-password-page ### Title: Reset password page ### Page ID: 1510688 ### Content: Reset Password Reset Password --- ## URL: https://www.christinepadillalaw.com/protected-collection-item ### Title: Protected Page ### Page ID: 5225051 ### Content: In order to view the page, please enter the password below: --- ## URL: https://www.christinepadillalaw.com/how-long-does-probate-take-san-diego ### Title: How Long Does Probate Take in San Diego? ### Page ID: 5225196 ### Content: # How Long Does Probate Take in San Diego? ## **The schedule of the San Diego Probate Court:** ## **Whether there is a Will contest or beneficiaries are contesting their inheritance:** ## **Whether there are estate creditors and how many creditors there are:** ## **How many assets a decedent owned:** ###### [Wills, Trusts, and Estate Plans](/wills-trusts-and-an-estate-plan) ###### [Probate in California](/probate-in-california) ###### [Successor Trustee Duties and Trust Administration](/successor-trustee-duties-and-trust-administration) ###### [ChristinePadillaLaw.com](https://christinepadillalaw.com) ###### [Testimonials](/testimonials) ###### [Legal Disclaimer](/legal-disclaimer) Home / Posts / How Long Does Probate Take in San Diego? Posted in : Blog, General, California Probate on 4/18/2024 by Christine Padilla, Attorney How long does Probate take in San Diego? is one of the first questions we hear from clients wondering about the Probate process in San Diego. When family members find themselves faced with the Probate process, they want to know how long Probate will take, among other common questions. Below we will attempt to answer the question about the length of Probate here in San Diego County. How long Probate takes in San Diego is dependent on various factors. Some of the primary factors influencing how long it will take to open and close Probate are as follows:  Probate is opened in the San Diego Superior Court by the filing of the initial Petition, known as the Petition for Letters of Administration. After the Administrator is appointed, and then performs their duties to administer the Estate, Probate is closed by the Administrator's filing of the closing Petition. The closing Petition is known as the Accounting and Petition for Final Distribution. Each time a Petition is filed, the Court assigns a hearing date for that Petition. How quickly the Administrator can obtain a hearing date depends on the Court's calendar schedule (which varies depending on how many Petitions are being filed at that time) the Judge's calendar and Courtroom availability/holidays, etc.  When beneficiaries dispute the validity of the Will or the terms of the Will, this creates the need for additional hearings before the Court. The validity of the Will, including any Amendments to the Will, must be determined for the Administrator to properly distribute the assets of the estate. Creditors are given a minimum of four months to file a claim for payment from the date the Administrator is appointed and Letters are issued. Claims must be reviewed by the Administrator and paid from the assets of the estate according to priority. When an estate has a large amount of debt/creditors, this can add to the Administrator's job and lengthen the Probate process.   A large part of the Administrator's job in Probate is to take inventory and distribution of the Probate assets. Just as an estate with several creditors can slow down the process, settling an estate with multiple assets will also move more slowly. Further, if assets are owned outside of San Diego County, an ancillary Probate may need to be opened in another location.  As you can imagine, the answers to the questions above can vary widely in each situation, and thus it can be difficult to answer how long Probate takes in San Diego. Generally speaking, however, a straightforward Probate with a modest estate takes an average of 9 months to one year, from the time Probate is opened until the Probate closing. Difficult Probates, on the other hand, can take up to 18 months to upwards of even several years. Christine received her Bachelor of Arts degree in Psychology from San Diego State University in 2001. She went on to receive a scholarship to attend the University of San Diego School of Law, where she received her Juris Doctorate degree in 2005. - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [HOME](/ "HOME") - [ABOUT](/about "ABOUT") - [BLOG](/blog "BLOG") - [PRACTICE AREAS](# "PRACTICE AREAS") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION") - [TESTIMONIALS](/testimonials "TESTIMONIALS") - [CONTACT](/contact "CONTACT") - [WILLS, TRUSTS, AND AN ESTATE PLAN](/wills-trusts-and-an-estate-plan "WILLS, TRUSTS, AND AN ESTATE PLAN") - [PROBATE IN CALIFORNIA](/probate-in-california "PROBATE IN CALIFORNIA") - [SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION](/successor-trustee-duties-and-trust-administration "SUCCESSOR TRUSTEE DUTIES AND TRUST ADMINISTRATION")