Estate Planning and Probate Guidance for Colma Residents

Start with the decision in front of you

If you are planning while alive, consider how your will, trust, financial authority and health-care decisions fit together. These documents address different needs, and planning can coordinate them rather than treating each as an isolated choice.

If someone has died, the first question is not simply whether the family has a will. Trust administration and formal probate depend on the governing documents and how assets are owned. Reviewing those details helps identify which process may apply.

Planning choices while you are alive

The planning options available through this practice cover several distinct concerns. A will or pour-over will addresses instructions connected with an estate plan; a revocable living trust is another planning tool. Advance health-care directives, health-care powers of attorney and financial powers of attorney address health-care decisions or financial authority.

Other planning topics may matter in particular circumstances, including business succession, charitable or pet trusts, special needs trusts, irrevocable trusts, asset protection trusts and gift tax planning. These are not a checklist that every person needs. The useful question is what decisions, people, property or responsibilities you want a plan to address.

After a death: trust administration or probate

A trustee may need to administer a trust after a death, while a decedent’s estate may involve formal probate. Which route applies depends on the documents and ownership of the assets, so it is important to gather both rather than assuming that having a trust or will settles the question.

For matters involving a decedent estate or trust in San Mateo County, the Probate Division handles those matters. Use the division’s current instructions for the relevant case; the appropriate process depends on the circumstances.

Organize your records before a remote consultation

A focused first conversation is easier when the key facts are close at hand. Before the consultation, gather any existing wills, trust documents, powers of attorney or health-care directives, along with a simple list of major assets and how each is titled. If the matter follows a death, note the date, the documents you have located and any known steps already taken.

Also write down your main questions and the people whose roles may matter, such as a proposed agent, trustee or executor. This is preparation, not a determination of which document or administration process is right for you. The documents and ownership details will help frame that discussion.

Choose a focused next step

You do not need to select every planning service before speaking with the firm. The first useful step is to identify whether you are planning for the future or responding to a death, then bring the records that clarify your situation. From there, the discussion can focus on the relevant planning documents or administration path.