Part of things are in trust, others not

[Ldymags]

Hello,

I'm from california. My dad passed away in november, my mom in July 2013. They had a trust which the 3 properties were in. When my mom died, the mortuary messed up the social security number on her death certificate twice and I finally got the corrected copies 2 days after my dad died. We were never able to move her iras into my dad's name and he has 1 ira himself. Neither of them have contingent beneficiaries on them, they just had each other. The will and trust both state that when they died, everything goes to me and my sister. It looks like the ira money will have to be probated, it's over 150k. My question is, will the items in the trust go through probate as well? Or can they be divided amongst my sister and i without probate?

 

[FlyingRon]

The trust will not need to be probated to transfer the assets but if it was a revocable (living) trust, then it's subject to any debts of the estate prior to distribution. Of course, only things that are titled to the trust are controlled by it. Everything else needs to be probated based on the will.

 

[Ldymags]

Thank you. Thankfully there are no debts, other than the amounts we will have to pay for probate.