Attorneys and the press constantly remind people about the disadvantages of probate. It is typically a long and inconvenient process that takes place at the most inopportune time – when loved ones and family members are grieving. Unfortunately, probate is difficult and extremely time-consuming for a layperson to navigate. Choosing a sensitive, diligent and experienced probate attorney can be a tremendous help and relief during this trying time.
What Is Probate?
A Probate is, quite simply, a court-supervised estate administration proceeding with or without the presence of a Will. If a Will cannot be found or does not exist, the court is responsible for appointing an individual to take over the responsibility as the executor who must then distribute the property according to the succession laws of California. When a Will is left behind, there is typically a name of an executor that is included. The court then appoints the executor to make sure that the estate is properly distributed to the heirs/beneficiaries. The proceeding typically takes at least 8-9 months to complete and often lasts more than a year.
When is Probate required?
In California, an Estate will typically have to go through Probate before being distributed if a person dies with assets more than $150,000 in their name, AND they did not have all or most of their assets titled in a Revocable Living Trust, joint accounts, or in accounts or financial instruments in which the decedent has a valid beneficiary designation on file.
Whether you are seeking probate avoidance strategies, probate administration, or any other guidance, we at Strategic Legal Group have the knowledge and dedication you need on your side.