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CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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If realestate property are in both my parents name and not

Customer Question

If realestate property are in both my parents name and not in there trust does the remaining parent have to go through probate.
Submitted: 1 year ago.
Category: Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

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Yes, if property of a decedent is not included in their trust, the estate must be probated to distribute these assets.

(You may want to consult with a local attorney to determine if there is any possibility that the real property was in some way included in the trust even if the title was not changed - sometimes an argument can be made).