What Is Probate?
Probate is the legal process of administering the estate of a deceased person. Estates include property, money, cars, investments, and all other assets. If there is a will, probate determines the will’s validity and assigns an executor to administer the estate to receiving heirs. However, if someone dies without a will, the court will declare who that person’s heirs are and appoints an administrator. Then, the administrator ensures the estate pays outstanding debts and distributes the person’s wealth as required by probate law.
Probate law involves a court-supervised multi-step process, including:
- Validation of the deceased person’s will
- Assignment of an executor who will manage the estate
- Identification of the deceased person’s assets
- Payment of any lingering debts or taxes
- Distribution of the remaining assets to the beneficiaries
Probate Law in Orange County, CA, Is Complicated; One of Our Attorneys Can Help
Since probate court can burden family members during a grievance period, many people use a revocable living trust to avoid their estate going through probate. However, there are circumstances when a probate proceeding is mandatory, even with a revocable living trust. Probate law in Orange County, CA, is complicated. Fortunately, whether you are the executor, beneficiary, or creditor of the estate, hiring a knowledgeable attorney to guide you through the process will significantly help.
All of our attorneys have expertise in both state and federal laws. In addition, we can discuss strategies to help you avoid probate by establishing a revocable living trust, for example.
Our latest blog posts regarding probate law:
Probate refers to the legal process of administering the estate of a deceased person. Probate litigators are attorneys specializing in legal disputes regarding probate matters. In this Q&A, our probate litigator, Matthew Stein, Esq. will answer important probate and estate planning questions. What does a probate litigator do? Probate litigation attorneys handle estates, trusts, and…