In California, probate is the legal process of administering the estate of a deceased person. The purpose of probate is to ensure that the deceased person’s assets are distributed according to their will or, if they did not have a will, according to the laws of the state.
If the deceased person had a will, the will must be filed with the probate court in the county where the deceased person lived at the time of their death
The probate court will appoint an executor, who is responsible for collecting the deceased person’s assets, paying their debts and taxes, and distributing the remaining assets to the beneficiaries named in the will. If the deceased person did not have a will, the court will appoint an administrator to handle the estate.
The probate process can be complex and time-consuming, and it is often advisable to seek the assistance of a probate attorney. If the deceased person’s estate is small, or if they had a trust in place, it may be possible to avoid probate altogether.
Practice Areas
Estate Planning
Estate planning is the process of establishing a Trust, Will, Durable Power of Attorney, and other related documents during your lifetime.
Estate Administration
Probate
Probate is the legal proceeding supervised by the Superior Court used to transfer title to assets when a person is deceased.
Estate Litigation
Advanced Estate Planning
Families with substantial estates require additional strategies beyond a typical Estate Plan to reduce and offset Estate Tax liabilities.
Conservatorship
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Every year, during our free 3-year reviews, without fail, we find that a few of our clients have inadvertently placed a piece of real estate in danger of going through Probate
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