Estate Planning, Trust Administration & Probate in Gilroy, CA

Start with the right kind of help

Estate planning while you are alive is different from administering a trust after someone dies or handling an estate through court probate. The right path depends on what documents exist, how property is owned, and whether beneficiary designations apply.

For planning, consider whether you need a will, living trust, financial power of attorney, or advance health care directive. A financial power of attorney addresses financial matters; an advance health care directive addresses health care decisions. A trust plan also needs to coordinate with asset ownership. Keep important documents organized and let an appropriate person know where they can be found.

• Gather existing wills, trust documents, powers of attorney, and health care directives.
• List major assets and note how each is titled, including any trust ownership or named beneficiary.
• Identify the people you may want to nominate for roles under your plan.

Trust administration after a death

When a person dies with a trust, the successor trustee may need to administer trust property under the document. This is distinct from creating or updating your own plan while alive and from a court probate case. A trust does not automatically resolve the transfer of every asset: ownership, trust title, and beneficiary designations can affect what procedure applies.

A useful first step is to gather the trust and amendments, identify assets and their ownership, and locate records showing beneficiary designations. Real property records are held by the recorder in the county where the property is located. That may be different from the county where the person lived.

• Make an asset list that identifies each item, how it is owned, and its estimated value as of the date of death.
• Collect deeds, account statements, and available beneficiary information.
• Compare the records with the trust before deciding how each asset should be handled.

Probate questions for Gilroy families

Court probate is a separate process that can involve opening a case, administering the estate, and closing it. Usually, a probate case is filed in the county where the decedent lived. If the decedent lived outside California but owned property in California, the location of that property can matter. Residence and property ownership—not simply a mailing label—are therefore important facts when assessing where a case may belong. Not every estate requires court probate.

In a formal probate, the court appoints a personal representative. A will may nominate an executor, but nomination is not the same as appointment. The appointed representative inventories assets, addresses debts, and reports to the court before final distribution. The asset list, ownership records, trust documents, and beneficiary designations help clarify which transfer procedures may apply.

• Gather the decedent’s residence information and identify any California real property and its county.
• Prepare an inventory of assets, ownership, and estimated date-of-death values.
• Keep court notices and case information together; the Santa Clara County Superior Court probate calendar provides hearing information and links to local rules, tentative rulings, and advance case-status reports.

Remote planning and local court information

The firm’s in-person office is at 802 Grant Ave, Novato, CA 94945, and virtual services are available across California, including Gilroy. A remote consultation can help you discuss documents and next steps, but it does not automatically authorize remote signing or remote court appearances. Any signing or court participation should be considered separately based on the circumstances.

For Santa Clara County probate matters, the court’s online probate calendar distinguishes attorney electronic filing from filing options for people without attorneys. The calendar is a source of court information; it does not determine whether a particular estate needs probate or where a case belongs.

Choose the service that fits your situation

• Estate planning — prepare or review your plan and asset arrangements.
• Trust administration — discuss carrying out an existing trust.
• Probate administration — understand the steps for a court-supervised estate.

Common questions

Does living in Gilroy mean probate must be filed in Santa Clara County?

Not automatically. Usually, probate is filed where the decedent lived, and California property owned by someone who lived outside the state can make the property’s location relevant. Residence, ownership records, and property location matter more than a mailing label.

Does a will or trust decide how every asset transfers?

Not necessarily. Asset ownership, trust title, and beneficiary designations can lead to different transfer procedures. Reviewing those records alongside the will or trust helps identify what may need to be administered through a trust or court probate.