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What is Probate Court in California and How do You Avoid It?

Posted by James Burns | Dec 24, 2022 | 0 Comments

Probate court is a court that oversees the administration of a deceased person's estate. The purpose of probate is to ensure that a deceased person's assets are distributed according to their will or, if they did not have a will, according to the laws of the state in which they lived.

Here is a general overview of the probate process:

  1. The first step in the probate process is to open the estate. This involves filing a petition with the probate court and obtaining a court order that appoints an executor or administrator to manage the estate.
  2. The executor or administrator is responsible for gathering the deceased person's assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries according to the terms of the will or state law.
  3. The executor or administrator must also provide a list of the estate's assets and debts to the probate court and file any required tax returns.
  4. If there is a will, the executor or administrator must file it with the probate court. If there is no will, the probate court will determine who will inherit the deceased person's assets according to state law.
  5. The probate court will oversee the administration of the estate and ensure that the executor or administrator is following the terms of the will or state law.
  6. If there are any disputes or challenges to the will or the administration of the estate, they will be resolved by the probate court.
  7. Once all the assets have been distributed and the estate has been settled, the probate court will close the estate.

The probate process can take several months or even years, depending on the complexity of the estate and any disputes that may arise. It is important to seek the advice of a qualified attorney if you are involved in a probate case and to make sure the course your estate is currently on can avoid the pitfalls associated with Probate Court.

Call us now for a free 15 minute conversation on what it takes to remove your estate from Probate.

About the Author

James Burns

Estate Planning, Asset Protection, Business and Real Estate Transactions, nutraceutical Law and franchising:

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