Executor and Successor Trustee Guidance for Hillsborough

Identify the role before taking action

Being named in a will is an important starting point, but it does not by itself appoint you as the personal representative of a probate estate. The probate court makes that appointment. Trust administration follows a different framework: the trust’s terms and ownership of assets matter in determining how it proceeds. Before acting on behalf of an estate or trust, clarify which role you are being asked to take and what document or court process is relevant.

Keep questions separate from conclusions. For example, if a will names you but you do not know whether a court appointment has occurred, that is something to clarify—not a reason to assume that the nomination alone gives you authority. Likewise, being described as a successor trustee does not answer every question about what assets are involved or what the trust requires.

• Locate the will, trust, and any amendments or later versions available to you.
• Note whether you have received court papers, notices, or communications about a proposed appointment or trust administration.
• Write down what you understand about the property involved and whether any of it is held in a trust.

Prepare a useful record set for a remote consultation

A focused set of records can help make a remote conversation more productive. Gather what is available to you; missing documents are a useful point to identify, not a reason to assume the matter cannot be discussed. Keep a simple inventory showing what you have, what you have requested, and what remains uncertain.

Along with the relevant will or trust documents, consider preparing a preliminary list of known assets and what you understand about their ownership. This can help frame questions about whether the matter concerns a probate estate, trust administration, or both. These are optional preparation steps, not a statement that any particular document is legally required for a consultation.

• Collect available court papers, notices, and correspondence concerning the estate, trust, proposed role, or any disagreement.
• Make a timeline of important events, requests you have received, and steps already taken.
• List the questions you want answered, including what authority has been established and what remains to be confirmed.
• If known, note relevant people and institutions and how to contact them.

Keep probate and trust administration distinct

In a probate matter, the will may nominate an executor, but the court appoints the personal representative. That distinction matters when assessing who has authority to act for the estate. During formal probate administration, the personal representative generally needs to contact a probate referee to value non-cash estate assets. If probate is involved, California Courts directs that it be opened in the county where the decedent lived. If the decedent lived outside California but owned property in California, its overview directs filing in the California county where that property is located.

Trust administration depends on the trust’s terms and how assets are owned. Trust matters can also require court involvement when there are disputes or questions of interpretation; a trust does not mean every issue will be resolved without court proceedings. The San Mateo County Probate Division handles decedent estates and trusts. For a matter involving that division, consult its current division and case instructions rather than assuming a particular courthouse or assignment.

Use the consultation to resolve specific uncertainties

Bring the documents and questions that help distinguish what is established from what still needs confirmation. You might ask whether the matter concerns a probate estate or trust administration, what the will or trust says about the proposed role, and what information about asset ownership remains unclear. If there is a disagreement or a question about interpreting trust terms, describe it specifically and bring any related communications.

If a court process may be involved, bring the papers you have received and ask what steps or instructions apply to the matter. If the issue is trust administration, focus the discussion on the trust terms, known asset ownership, and any uncertainty or dispute. Codi M. Dada Law Office P.C. can discuss representation of the person acting as executor or trustee; whether counsel will serve in any other capacity depends on the engagement.