Executor and Trustee Guidance for Lafayette Residents

First identify the role and source of authority

A will may nominate an executor, but the probate court appoints a personal representative. A nominated executor should therefore distinguish being named in the will from being appointed to act. A successor trustee’s role instead depends on the trust terms and the assets held under the trust.

Before taking action, gather the will, any trust documents and amendments, and the records showing how relevant assets are owned. These documents help clarify whether the matter concerns a probate appointment, trust administration, or both. The title “executor” or “trustee” alone does not settle the question.

Make the first decision from the documents

The practical first decision is whether you are seeking appointment as a personal representative under a will, acting under a trust, or trying to resolve uncertainty about which authority applies. Do not assume that nomination in a will permits you to act as an appointed personal representative, or that every asset belongs in trust administration.

Compare the document’s terms with available ownership records. If the trust language or asset ownership leaves the role unclear, that is a concrete issue to discuss with counsel before proceeding. Trust matters can require court involvement when disputes or interpretation issues arise; court involvement is not automatic for every trust matter.

Assemble a focused record set

Bring the signed will and available trust documents, including amendments, along with any correspondence that identifies you as executor or successor trustee. Add records that show how assets are titled or held, such as account or property ownership records, and any notices or court papers already received.

A simple inventory can make the discussion more useful: list each known asset, the available ownership information, and the document that appears to relate to it. Mark missing or conflicting records rather than guessing. This preparation helps identify whether the next question is about appointment, trust terms, asset ownership, or a potential dispute.

• Separate will and trust documents from asset ownership records.
• Note which records are incomplete, inconsistent, or still being requested.
• Keep court papers and communications together with the documents they concern.

Use Contra Costa probate records for an existing court matter

If a probate case already exists in Contra Costa County, the court’s probate-records guidance directs users to the Public Portal for research. It states that minutes, case documents, and orders are not available through that portal and directs users to Court Records for those materials.

This is a records-access distinction, not a determination of who has authority to act. If you are unsure whether a case exists or what a court document means, keep that question separate from the review of the will, trust, and ownership records.

Discuss the next step with counsel

Once the documents are organized, counsel can help you identify which source of authority applies and what questions remain about appointment, trust terms, or ownership. Codi M. Dada Law Office P.C. provides virtual services statewide from its Novato-based practice. A focused conversation can begin with the documents you have, the role you were named to take, and any uncertainty that prevents you from deciding how to proceed.