Executor and Trustee Guidance for Mountain View Families

First identify the role and the source of authority

A will can nominate an executor, but the probate court appoints the personal representative. The nomination and the appointment are distinct steps, so do not treat the will alone as proof that you have been appointed to act for the estate.

A successor trustee’s responsibilities instead depend on the trust terms and on how assets are owned. The title “trustee” does not establish that every asset belongs to the trust or that every task follows the same process as probate administration.

• If you were named in a will, locate the will and any information about a probate case or appointment.
• If you were asked to act under a trust, locate the trust document and records that may show how assets are titled.

Prepare records before a remote consultation

A useful first step is to gather what you already have, without assuming that the documents make you authorized to act. This gives counsel a clearer starting point for identifying whether the matter concerns a probate appointment, trust administration, or both.

• The will, trust document, and any amendments or related papers in your possession.
• Any court papers or notices you have received, including documents that refer to an appointment or an existing case.
• A preliminary list of known assets and the records showing how each is titled, such as account or property ownership documents.
• A short timeline of relevant events, a list of people involved, and the questions you need answered.
• If records are missing, note what is missing and where you believe it may be held; do not delay seeking guidance just to assemble a complete file.

Use the documents to frame the next questions

For a will-based matter, ask what appointment process applies and what you should avoid doing before appointment. A nomination is not the same as the court appointing a personal representative.

For a trust-based matter, ask which assets appear to be held by the trust, what the trust terms say about successor responsibilities, and whether any uncertainty requires further steps. The trust terms and asset ownership are central to administration; a title or informal request from a family member may not resolve what authority applies.

If both a will and a trust exist, bring both and ask how they relate to the assets at issue. Do not assume that one document governs every asset.

Recognize when a trust matter may involve court

Trust administration is not necessarily court-free. Disputes or questions about interpreting the trust can require court involvement. If people disagree about the document, or its meaning is unclear, describe the issue and bring the relevant language and communications to the consultation.

The practical next step is to clarify the source of authority and the records available before taking action on behalf of an estate or trust. Counsel can advise the person acting about the matter within the scope of an engagement; the person’s role and authority should not be presumed from a nomination alone.