Documents and Information Our San Jose Trust Lawyers Will Need to Settle Your Loved One’s Estate
If you are coming to the Law Offices of Jon G. Brooks for help in administering the estate of a recently passed loved one, whether you are the designated successor trustee in your loved one's living trust, or you are named as the executor in his or her will, or even if you're not sure what your legal position is with respect to your loved one's estate, we will need to obtain a good deal of information and documents from you. We will need certified copies of death certificates, any and all original documents comprising the decedent's estate plan, and various financial account information, among other items.In the first place, we need to evaluate all of this information in order to determine whether the administration of the deceased person's estate will require a formal probate, a trust administration (and if so whether this will be relatively simple and short-lived or whether any trustee will have ongoing duties under the trust), or whether either is even necessary in the case of a very small estate.
The following is a series of documents we will need for you to bring to us and some questions for you to answer carefully prior to our first meeting with you.
Estate Documents to Bring to Your Meeting with Us:
Please bring us at least 10 certified copies of the death certificate of your loved one. You can obtain these from the county clerk-recorder's office of the county in which your loved one died. Pursuant to California Health and Safety Code Sec. 103526, only certain persons may obtain certified copies of death records. You will need to prove your identity as the deceased's parent, guardian, child, grandchild, spouse or domestic partner of the deceased. We recommend going to the appropriate county recorder's office in person if possible.
• For Santa Clara County, visit the Office of the Clerk-Recorder, Santa Clara County, at 70 West Hedding Street, First Floor, San Jose, CA 95110.
• For Alameda County, you must ask for an "Unrestricted" Copy of the Death Certificate. Visit the Alameda County Clerk-Recorder's Office at 1106 Madison Street, Oakland, CA 94607.
• For San Mateo County, you should visit the San Mateo Clerk-Recorder's Office at 555 County Center, First Floor, Redwood City, CA 94063.
• For San Francisco, please go to the San Francisco Office of Vital Records at 101 Grove Street, Room 105, San Francisco, CA 94102.
2. Will and/or Trust Documents (Including All Codicils or Amendments).
Hopefully, your loved one instructed you where to find his or her original, signed will or living trust or you have the original already. If the decedent left a will, please also check carefully to see if he or she also left any document titled "Codicil" with the will. A properly prepared, signed and witnessed Codicil is an amendment that changes the will and belongs together with the will.
If the deceased left a trust, likewise, please locate the signed original and bring it to us along with all original, signed Amendments to the trust.
If you absolutely cannot obtain originals, or you believe the original will or trust has been destroyed, please bring us any copies you have.
3. Life Insurance Policies and Annuity Documents, Current Statements, and Beneficiary Designations
You may not have your loved one's beneficiary designations from his or her insurer, it is fine simply to bring us the policy itself clearly showing the identity of the insurer, insured and policy number. If the deceased had an annuity, we likewise ask that you locate and bring to us identifying owner and account information for the annuity.
4. If Your Loved One Owned a Business.
Was your loved one a partner in a small business? If so, please provide us with the names and addresses of any other partners, shareholders, or LLC members with whom the deceased was a co-owner of that business. We will need copies of any Shareholder Buy/Sell Agreement, any Partnership Agreement, or any Limited Liability Company Operating Agreement naming your deceased loved one.
Likewise, if the deceased was an owner of a small business, you will want to locate any current leases and/or franchise agreements to which your loved one's business was a party and for which he or she may have signed a personal guarantee.
5. Vehicle (and Boat) Certificates of Title (Pink Slips).
Please locate and bring to us the original title documents for any automobiles, RVs, or boats that your loved one owned, even if you are named jointly on title to the vehicle.
6. Employer Pension or Government Death Benefit Documents.
If you believe that your loved one's pension plan included any death benefit, or even if you are not sure, please locate and copy for us whatever pension documents you have. Similarly, if your loved one was a veteran or you believe the deceased was entitled to some death benefit through any government program, please bring us documentation of your loved one's status and participation in any such program.
7. Recent Tax Returns and CPA or Tax Preparer Information.
Please bring your Federal and California tax returns for the last two years and provide us with the contact information for your loved one's accountant(s) or tax preparer(s) for the last several years.
8. If Your Loved One Co-Owned Property with Anyone.
If the deceased owned any property as a joint or co-owner, please tell us this. If you believe that your loved one owned a tenancy-in-common interest in real property, please determine whether there was a written property agreement or tenancy-in-common agreement to which your loved one was a party and bring us a copy of such agreement.
Additional Information
Please fill out the following requests for information regarding your recently passed loved one:
1. Full Name of the Deceased:
2. Date and Place of Death:
3. Location of all Property (real estate and personal property):
4. Date and Place of Birth:
5. Citizenship:
6. Duration and Place of Any Out-of-State Residence:
7. Business Address:
8. Full Name of Spouse or Domestic Partner:
9. Names and Addresses of All Children:
10. Names and Addresses of Other Relatives (if No Children):
11. Prior Marriages:
12. Names, Addresses, Telephone Numbers and Email Addresses of All Personal Representatives (Named Successor Trustees, Executors under Will) of the Deceased:
13. Name and Address of Deceased's Estate Planning Attorney
We realize that you may not know the answers to all of the questions outlined above, and likewise that you may not be able to obtain copies of all the documents we request prior to our meeting with you. We do ask for your cooperation in compiling these answers and documents in order for us to efficiently probate your loved one's will or settle his or her trust.