Hello, I will be happy to assist you. After receiving your answer, and unless you have need for clarification, your accept (by clicking the green "accept" button) would be appreciated. Although you have made a deposit, I cannot receive credit for my work without your accept.

Whether a probate is necessary depends on why the insurance and investment companies are asking you to complete a probate. Generally with those types of assets, the trust is either the owner, beneficiary, or both. This means that typically on the person's death (in this case your grandfather), the insurance proceeds and investment assets would automatically become part of the trust (if not already owned by the trust).

The only reason they could be asking for a probate is because ownership was never changed to the trust and the trust was never named as beneficiary. In that case, those assets are part of your grandfather's probate estate. The will directs that the assets be poured over to the trust, but the will does still have to be probated in order for the terms of the will to take effect and get the assets transferred.

The only way to avoid a full blown probate in that situation, is if the value of the investment account and life insurance proceeds do not exceed $100,000. Then you can use a small estate affidavit:

http://smallestates.uslegal.com/affidavits-and-summary-administration-laws/california-small-estate-law/

Here is a sample form:

http://www.google.com/url?sa=t&source=web&cd=1&sqi=2&ved=0CCIQFjAA&ur l=http%3A%2F%2Fwww.saclaw.lib.ca.us%2FUploads%2Ffiles%2Fforms%2FAffidavitCollectionPersonalProperty_1.doc&rct=j&q=california%20small%20estate%20affidavit&ei=YVvmTdeLN8T40gHbq4jtCg&usg=AFQjCNEAptPbGEVELvCjlDi0D0LnlBZVZw

Otherwise, you will need to retain an attorney to conduct a full probate to transfer the probate assets to the trust.

I believe I have answered your question. As noted above, please let me know if you need clarification, and if not your accept would be appreciated. If you are a monthly subscriber, you must still click the "accept" button for me to receive credit for my work, but you will not be charged an additional fee.

If you later open a new question and would like my assistance, please begin the question with "To TMcJD...." This will ensure that only I answer the question.

_________________________________________________________________________________________________

Thank you for using JustAnswer. Your "accept" (by clicking the green "Accept" button) would be greatly appreciated. Although you have made a deposit, I cannot receive credit for my work without your accept.

You understand that your use of or communication on this forum, in any and all ways, is intended for general informational purposes only and shall not constitute and/or be relied upon as legal advice or be construed as creating an attorney-client relationship. Further, you agree not to rely on anything I say as legal authority and where appropriate for your own protection will obtain appropriate legal and or tax advice with an attorney or other professional licensed to practice in the jurisdiction where your legal or other issue arises.