Executor and Trustee Guidance for Mill Valley Families

Start with authority, not the title

A will can nominate an executor, but the nomination alone does not appoint that person. The probate court appoints a personal representative. A successor trustee’s authority, by contrast, depends on the trust’s terms and the ownership of the assets involved.

That distinction can change the next step. If you are named in both documents, you may be dealing with two different roles, each connected to different property and rules. Avoid treating a nomination as an appointment or assuming the trust controls every asset.

Map ownership before deciding how to proceed

Make an inventory that connects each known asset to its current owner and the document or account record showing that ownership. Consider whether an asset appears to be held by the trust, in the deceased person’s name, or under another form of ownership. Then compare that information with the will and trust terms.

For example, if a person is named executor in a will and successor trustee in a trust, an asset held by the trust may call for a different authority review from an asset held outside it. This is an illustration, not a conclusion about any particular estate. Trust administration depends on both the trust terms and asset ownership; a will nomination does not itself establish authority to act as personal representative.

• Gather the will and any available trust documents, including amendments.
• Prepare a working list of known assets and records showing how each is titled or held.
• Note any uncertainty about ownership, document terms, or who has authority.

Organize records before taking consequential steps

A focused record set can make it easier to identify which authority question remains unresolved. Keep documents together and record what you know without assuming that a title or a mention in a will answers the question.

Useful preparation may include a list of financial institutions or other asset holders, recent account or ownership records, and a short timeline of key events. These are organizational suggestions, not legal prerequisites. If a document’s meaning or an asset’s ownership is unclear, flag the issue for discussion rather than making an irreversible decision based on an assumption.

• Separate documents that relate to the will from those that relate to the trust.
• Mark assets for which you cannot confirm ownership or the relevant authority.
• Write down questions about the appointment process, trust terms, or any disagreement.

Know when the court may be involved

A nominated executor may need the probate court to appoint a personal representative. Trust administration is governed by the trust terms and ownership of assets, but a trust matter can also require court involvement when there is a dispute or an issue requiring interpretation.

In Marin County, the probate examiner or research attorney reviews decedent-estate documents for procedural correctness before hearings; that role does not include giving legal advice or advisory opinions. For a person preparing to act, this means that document review for procedure is not a substitute for resolving a question about authority, ownership, or disputed trust language.

Discuss the unresolved question before acting

Bring the will, available trust documents and amendments, asset list, ownership records, and notes about uncertainties to a conversation with counsel. A useful starting question is: which asset or document determines my authority for the next step? That can help focus the discussion on whether the issue is a court appointment, trust administration, ownership, or interpretation.

Codi M. Dada Law Office P.C. can advise the person acting in an executor or trustee role. Whether a particular next step is appropriate depends on the documents and asset ownership involved.