How Do I Access Trust Assets of My Deceased Wife?

Full question:

My deceased wife was the executrix of her father's estate. A trust fund was created, there is about $2000 remaining and has been inactive for 7 yrs. I wish to access the acct. But I was told that I would have to be appointed as sub- executor. If so. may I petition the court to be named such?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: California

Answer:

The answer will depend on all the facts and documents involved. Typically the trustee will be in charge of handling distributions on death. The answer will depend on whether the trust is still in efffect, the assets are transfer on death assets, or joint assets with a right of survivorship. Such assets go to the named beneficiary outside the probate process. Typically, trust assets pass outside the probate process. If there is no valid will, the other assets will be distributed according to state laws of intestacy. If it is a survivorship account, or transfer on death account, it passes outside the probate process. That means it will not be included as part of the estate that either passes under a will or according to state intestacy laws (applicable when there is no will). If the account is held as tenants in common, it's possible that the deceased owner's share could pass to heirs. I suggest you contact a local attorney who can review all the facts and documents involved.

When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. The court will issue letters of administration to the administrator, giving the authority to handle the affairs of the deceased. An heirship affidavit may also be used to conduct estate affairs when a small estate is involved. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a joint tenant dies, the executor of the estate can execute a fiduciary deed transferring their interest to the remaining joint tenants, or other person entitled to receive the interest under the will.