Failing to craft a will or estate plan is a common mistake. Sadly, it will leave decisions about your family and assets to be decided by the courts rather than by you. To prevent this, consider establishing your will or planning your estate early. Devising a will or estate plan with an experienced attorney is your first step in a somewhat challenging process. Help from an attorney may mean your estate can avoid probate altogether.

However, depending on a person’s situation, their estate may still see probate. In fact, some family decisions and asset divisions may be determined by more than one court process. This is when a situation might require more than one probate. To understand this issue, it helps to know the basics about probate.

What Is Probate?

Most people have specific ideas for how they want their things divided when they die. This could include money, homes, property, or other assets. Creating an estate plan or writing a will are two ways to make sure that your wishes are carried out correctly. However, in cases where no will or estate plan is in place, decisions involving your estate are settled during what is known as probate. This is when your loved ones may have to go through the courts for asset division and other issues.

If you have a will, a probate case will determine if it is valid and can be enforced. When you do not have a will, a probate case will decide who your heirs are, how much your property is worth, and how it should be divided – among other things. A lot of people want to avoid probate, but sometimes it is necessary. However, even if your estate does go through probate, crafting an estate plan can help ensure your wishes are followed throughout.

When Probate Is Required

Writing and signing a will, creating an estate plan, and establishing a trust are all ways to avoid probate in California. However, no matter how hard you try, though, there are some circumstances where probate is required. If all this has been done and the estate still goes to probate, it means your wishes have been made clear and it’s more likely the process will go as you have planned it.

When someone dies, any property or assets that they owned while they were alive must be passed to another person. If the deceased had a will or estate plan, then transferring those assets is fairly seamless. If there is no will in place, then the probate court will help decide who will inherit any assets. Probate is also required if someone disagrees with what the will says and files a claim to challenge it. The probate process can be easier if executors are named by the deceased.

Needing More Than One Probate

An executor is the person who is in charge of closing a will and making sure that all assets are divided correctly. Some cases require the courts to choose someone to be an executor. Most people who write a will or create an estate plan for their assets will name their own executor and may choose more than one person.

There are a few reasons why multiple executors or probates may be needed. An individual who has a large estate might choose more than one executor to divide up the work more fairly. Business owners may name a partner or business expert as a co-executor because that person has special knowledge about their business. Having multiple executors can also be a way to make sure that your wishes are respected because the executors will keep each other honest. Multiple probates may also be necessary if you have property in more than one state. A probate process will need to be carried out in each state that you own property in. Regardless of the reason, in some cases, having more than one probate is the right choice.

FAQs

Q: What Is the Longest Time That Probate Can Take?

A: Dealing with any type of court case can take a lot of time. The length of a probate case will vary depending on how complex the estate of the deceased is and if there are any challenges to the estate. The longest a probate case can take is between nine months and several years.

Q: Can You Avoid Probate?

A: It is not always easy to know how you should divide assets when you are planning an estate. Dealing with court cases can be difficult, so some people want to avoid probate if they can. That is possible in some cases. If the deceased does not have any property to transfer, then they may not need a probate case. Assets and property can also be put in living trusts or shared with another person to avoid probate. Another way loved ones can avoid probate is if the total value of a deceased person’s estate is less than $184,500.

Q: Is It a Good Idea to Have Two Executors of a Will?

A: One reason that people create wills and estates is to make sure that their assets are protected and taken care of when they die. Naming more than one person as an executor of your will can be a way to make sure your wishes are fulfilled. If you have a simple estate, then you probably do not need more than one executor. Having two executors for your will is a good idea for:

• Large estates
• Estates that include businesses
• People who want their assets handled in a very specific way

Q: Should I Hire a Lawyer If I Need More Than One Probate?

A: If the probate process is not done correctly, then there could be delays in getting an estate closed. When you are dealing with probate, it is not always easy to know what paperwork to file and when to file it. It is not necessary to hire a lawyer for a probate case, but it can be helpful if you have more than one executor. A probate lawyer can help each executor understand their part in the process and ensure that everything is finished correctly.

Contact Sweeney Probate Law

Planning for the end of your life can feel overwhelming. Many people prefer to avoid discussion of it. However, a short time with the right attorney can ensure your wishes are followed and your assets are settled. Trust an experienced probate attorney from Sweeney Probate Law to guide your loved ones through the probate process, no matter how many executors you have.