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Navigating the probate courts
What is probate?
If you have lost a loved one, we first want to say that we are very sorry for your loss. We are here to help you navigate the legal process you may be facing during this difficult time.
Probate is the court-supervised process that is established to ensure the legal transfer of assets from the deceased to his or her rightful heirs or beneficiaries. An estate may require a probate with or without a will. When someone dies without a will, it is called dying intestate. When someone dies intestate, state laws direct the distribution of the assets. In California, a probate is also necessary to:
- Prove the validity of the will
- Appoint someone to manage the estate (The “administrator” if there is no will or the “executor” if there is one)
- Inventory and appraise the estate property
- Pay any debts or taxes (including estate taxes)
- Distribute the property as directed by the will—or by state law if there is no will
In California, if someone dies with more than $166,250 in certain types of assets or real property valued over $50,000, and they did not take action to protect those assets in a trust, the family of this individual will probably need to go to probate court.
If you are in a situation where you must go through probate courts to finalize the estate of a loved one, the best thing you can do is get educated and get help to complete the process as quickly and efficiently as possible. Navigating the court system can be an intimidating process. Having an experienced attorney will help you ensure the paperwork is properly filed and avoid costly mistakes.
Call 949-285-4270 now for a complementary case review and consultation!