How do I register my estate plan with the appropriate court or office?
In California, registering of an estate plan is done by filing certain documents with the probate court. Depending on the type of estate plan and the estate size, you will have to file different forms. Generally, all estate plans must be filed with a petition, which becomes a public record. Generally, the executor of the estate must also be appointed officially. If you have created a Will and Trust, you will need to file the Will and any Trust documents with the court. You may also have to file other documents depending on the type of Trust created. Living Trusts are often not filed with the court. However, they must be registered with the state to be valid. To register a Living Trust, you must create and file a Certificate of Trust, which is a document stating the name of the Trust, the date it was created, and other important information. If you are creating a Power of Attorney, you must file the document with the county recorder. If you have created an Advanced Health Care Directive, you must register it with the California Department of Health. No matter what type of estate plan you create, it is important to keep records of all documents filed as well as copies of your estate plan. It is also important to let your executor or successor trustee know where to find your documents and keep them updated.
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