Probate courts help oversee estate administration to ensure compliance with testamentary instruments and state statutes. They can determine if a will is valid when there are concerns about the document and intervene when personal representatives fail to uphold their...
Probate
What should you know about the probate process?
When a person passes away, their estate will likely have to go through the probate process. In California, this is done by filing a petition in the California Superior Court. The process confirms the validity of the will if there is one, identifies the heirs, pays...
What are ancillary probate proceedings?
The probate courts oversee estate administration. They help ensure compliance with the law and give interested parties an opportunity to question the legitimacy of documents or make a claim against the estate. Generally speaking, any property owned by an individual...
Understanding the executor’s role in the probate process
When someone passes away with a will in place, the court typically appoints the named executor to oversee the probate and estate administration process. If no executor is named in the will, the court will appoint an estate administrator. Regardless of how they...
Beneficiaries have rights during the probate process
Probate is the legal procedure for distributing a decedent’s estate, and beneficiaries play a central role. While probate may be the last thing on your mind while mourning a loved one, it will happen. Understanding the probate process can help relieve the anxiety...
How long does probate last in California?
If you’re the one handling the estate of a loved one, you are probably wondering how long probate is going to take. It’s a fair question, but there is no clear-cut answer. In California, you may be looking at several months to well over a year. The process can move...
How can digital assets affect the probate process?
Probate can be an incredibly difficult process in and of itself. The presence of digital assets, such as cryptocurrency or valuable media, in your loved one’s estate can introduce even more complexities. Nevertheless, it is not something that proper preparation and...
When can your California will be contested in court?
When you are no longer around to support them, one of the most important subjects that your dependents will grapple with is who will inherit your assets. If you have a will in place at the time of your passing, the probate court will rely on this to distribute the...
3 ways you can prevent your estate from going through probate
As you grow older and start to think about your future, it’s essential to consider what will happen to your estate. Unfortunately, many people don’t realize their estate may be subject to probate court. The probate process can be lengthy, expensive and stressful for...
4 reasons to avoid probate
When it comes to estate planning, you've probably heard that you should avoid probate. While the probate process may be necessary if there's conflict, there may be no reason for going through the court process when there's no contesting party. But why exactly should...