Legal Question in Wills and Trusts in California

If the only asset in the decedent's name (everything else properly funded in living trust) is a safe deposit box- key can't be located, contents unknown- is there any alternative to a full probate procedure for the nominated Executor to access and inventory the contents? The county is San Francisco.


Asked on 1/28/10, 4:56 pm

1 Answer from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Was there a general assignment of property into the Trust, or some other documents/evidence that you could use to establish a general assignment of assets into the Trust? If so, you could probably do a Heggestad Petition to get the box into the Trust. Otherwise, you will probably need a summary type probate to satisfy the bank.

Good Luck.

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Answered on 2/02/10, 5:56 pm


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