The probate process can be a daunting and overwhelming experience, especially for those who have never gone through it before. In California, as in many other states, probate is legally mandated in certain circumstances, but there are actually ways to avoid it for certain situations and particular types of assets. Understanding The California Probate Process Probate is a special court process that occurs after someone who owns property or holds financial assets dies. Probate involves […]

Sometimes, when a loved one or other relative dies, there are other conditions, either in the will or around a will, that require the court to become involved in the process. Probate is the process by which the court settles an estate. Probate can occur for many reasons. These include proving the validity of a will, settling debts and taxes, or appointing a legal representative for the deceased. In complicated situations, it can also be […]

Evaluating property and determining who receives it is an important part of the probate process. Sometimes, if a decedent owned property in multiple states, the process of ancillary probate must be initiated to settle the estates in those states. Although seemingly confusing, ancillary probate can be easy to understand. What Is Ancillary Probate? During the probate process, a decedent’s assets are divided between the beneficiaries named in their will. Secondary probate, also referred to as […]

When drafting a will, parents of younger children will typically name individuals who will become the guardians of those children if the parents pass away. For those who are caretakers of adults who are unable to live independently, it is imperative to understand and establish a limited conservatorship for these loved ones. This can reinforce the independence they need to live fulfilling lives. What Is a Conservatorship? In a conservatorship, the court assesses the fragility […]

When closing an estate, contacting heirs, dividing assets, and settling debts owed by the grantor are expected parts of the process. For some estates, going through the probate process may be necessary to finalize asset divisions or accounts related to the estate. Depending on the estate, and the assets in the estate plan, this process may be expedited or unnecessary. However, with most estates going through probate, understanding the process is crucial. What Is Probate? […]

Losing a family member is always challenging, especially if their assets are split up according to their will. The probate process could be necessary to hasten the distribution of assets, depending on the terms of a relative’s estate plan. The probate process is governed by a set of laws in every state, including California. Understanding what makes these claims solid, as well as how they can be rejected, is critical for filing a complete, strong […]

A person’s estate may need to go through probate after their death. If there is a will, the court will certify it during the probate process. The personal representative must also pay the decedent’s taxes, and creditors must be given a chance to collect any obligations from the estate, as determined by the court. Finally, the personal representative will be mandated by the court to distribute the estate’s assets according to the stipulations of the […]

The California probate process should factor into any estate plans you make, especially considering the extra steps needed to go through probate. As with any legal process, you need to have a basic understanding of probate to comprehend the estate planning process. Most individuals believe that the last will should be used to transfer assets. This is undoubtedly an option, but you should be aware that the will would enter the probate process after your […]