In California does the executor have to be appointed by the court even if the trust states who the executor is?

Answer 1

You are very confused about trusts and executors and mixing your terms. The decision to transfer your property to a trust is an estate planning tool. Property that has been properly transferred to a valid trust does not become part of the probate estate of a decedent because that property is owned by the trust. Property owned by a trust is managed by the trustee according to the provisions set forth in the trust. While trusts can determine the distribution of trust assets a trust cannot "appoint an executor". It doesn't need to because there is no estate in the trust grantor. An executor distributes assets under a will. The trustee distributes assets owned by a trust.

Generally, an executor is the person named in a will to supervise the settling of an estate. If the estate contains any probate assets the will must be probated and the executor must be appointed by the court. Once appointed, the court issues Letters Testamentary in the executor's name. The Letters provide the executor with the authority to settle the estate. An estate that contains real property must be probated in order for title to the property to pass to the heirs legally. When a person has transferred all their property to a trust while living then there is no estate to probate at death.

Now remember, executors are named in wills by testators and/or appointed by courts. Trustees are named by trustors in trust documents and manage trusts.

Answer 2

In California, if the trust clearly designates an executor, the court generally does not need to appoint one. However, in some situations, such as disputes or issues with the designated executor, the court may become involved. It is advisable to consult with a legal professional to ensure that all requirements are met.