Important Pointers on Probate. The act of presenting a will to a court is known as probate. It is also a procedure in which an estate is processed and administered through the legal system after the decedent dies.
This process can help transfer an estate in a supervised an organized manner. During the process, a probate lawyer is essential to avoid misunderstandings prevent any misunderstandings or legal problems in the future.
Therefore, you need to have an attorney to help you out with probate. This is especially true if you know nothing or very little about the probate process. However, you should understand.
Even if the will does or does not exist, your estate will still be probated under the California law. The price, however, still depends on the value of the estate. Plus, you have to consider extraordinary fees.
However, if you have a legal will, you can pre-determine how your estate will be distributed to your heirs and recipients. This will is going to serve as basis on how and to whom you will entrust your properties. Though, if you do not have a valid will, the state law will make a decision on how to distribute your estate.
If you die partially intestate or you die with your estate only partially covered by a valid will, the state law will still make the last decision as to how or whom your state will be distributed. This is why a probate attorney is extremely necessary. You have to have everything organized and documented, so there would not be any problem once you die.
Even if you will no longer be present when your estate does under the probate process, you still have to appreciate how this process works. Essentially, it involves two main steps: paying the debts you owe and transferring assets to your heirs and beneficiaries. The probate court will oversee the entire procedure.
Due to the fact that probate courts are not federal courts, the process that they follow may be contingent on where your state is situated. So, if you live in California, you cannot expect the probate there to be the same with that of another state. You need to find out how it works in this state, so you can accurately plan how to distribute your assets.
Needless to say, state courts generally follow the same basic steps and procedures. In general, they consider your personal representative or executor; notify your heirs, beneficiaries, and creditors; make an inventory for your assets; and distribute your estate with your bills and taxes already paid.
Mortensen Law
Trust & Probate Attorneys, P.C.
22807 Lyons Avenue
Newhall, CA 91321
www.mortensenlaw.com
Santa Clarita Probate Attorney
