Legal Question in Wills and Trusts in California

Re: Probate or distribution of trust

Son is not the executor unless he has opened probate and been appointed executor by the court. When a will names an executor it is simply the nomination of the decedent for the job. Any interested party can probate an estate. Once the probate is opened, all interested parties will be notified and can appear in the probate as interested parties to protect their interests.

Re: Probate or distribution of trust

Depending upon the size and character of property a probate might be required.

You should try to find out whether Father had any real property (a search of county of residence is easy). Additionally, if you have an estimate as to the value of Father's entire estate, that would be helpful.

You should speak with a local attorney regarding your options.

Let me know if you would like to talk about this. I am in Westlake Village.

Caleb