Executor and Trustee Guidance for Rohnert Park Families

Start by identifying your role and authority

A will can nominate an executor, but the probate court appoints a personal representative. Being named in a will therefore does not, by itself, establish that you have been appointed to act for a probate estate.

A successor trustee’s authority and responsibilities instead depend on the trust’s terms and the assets held under the trust. Before taking action, identify whether the matter concerns a will, a trust, or both, and avoid treating one document as authority for every asset.

When the estate plan no longer fits

A change in circumstances can make an older plan difficult to administer or create uncertainty about who should act. Gather the current will and trust documents, any later versions or amendments you can locate, and a basic record of assets and how they are titled. Note changes in family circumstances and the practical issue each change raises.

Use those records to discuss whether the documents and asset ownership still align, who is nominated or named to act, and which decisions need clarification before you proceed. These are useful preparation topics, not a substitute for checking the governing documents or a determination of your authority.

• Make a dated list of the documents you found and where each is held.
• Separate assets you understand to be trust-owned from assets whose ownership is unclear.
• Write down immediate questions, disputed instructions, and any deadlines or notices you have received.

Separate probate administration from trust administration

Probate and trust administration are not interchangeable routes. The will nomination and court appointment process matter for a probate estate. For a trust, the governing terms and ownership of assets guide administration.

Trust administration can also involve the court when there is a dispute or an issue requiring interpretation. A trust should not be assumed to eliminate every court issue. If family members disagree about instructions or the meaning of a provision, preserve the relevant records and get guidance on the question before treating it as settled.

Prepare for a focused review

Bring the documents and asset information you have, even if the record is incomplete. Identify which actions you have already taken and which you are considering, and distinguish confirmed facts from assumptions. This makes it easier to focus discussion on the source of authority, unresolved ownership, and the consequences of a plan that no longer reflects current circumstances.

For an existing Sonoma County probate matter, the court publishes a probate calendar with hearing categories and department information. Confirm the current date, department, and case instructions; a general calendar is not a personal hearing notice. Codi M. Dada Law Office P.C. serves clients virtually statewide from its Novato office.