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  1. #1
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    Default Does a House in a Trust Have to Go Through Probate

    In California, if a house has been placed in a trust, does the house have to go through probate?

  2. #2
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    Default Re: Does a House in a Trust Have to Go Through Probate

    Generally speaking, the house would not have to go through probate -- but in some cases it may be necessary.

    In most cases, once the home is properly transferred into the trust, the trustee will distribute it along with other trust assets to the beneficiaries of the trust. If the home is accidentally omitted from the trust, it is possible to bring a Heggstad petition in Probate Court, under Sec. 850 of the Probate Code, to ask that the home be transferred into the trust.

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