What Is Probate?

Do you know what happens to your estate planning documents or your assets after you pass away? If you haven’t taken the time to answer this question, the court might be more in control of these decisions than you think. The more planning you can put into preparing for or avoiding probate, the easier it will be on your loved ones when you pass away.

Across the country, probate refers to the proceedings or processes that happen when someone passes away without a will or when certain assets inside their estate still have to go through probate when a will did exist. If you don’t want the state of California deciding what happens to your property, you need to be proactive with your estate.

Before a decedent’s property can be passed on to who has been chosen through the will or by law through intestate succession, time pauses.

The court will first step a period, meaning that the court freezes the distribution of the decedent’s assets until legal title to the decedent’s property or assets has been cleared. This time period enables creditors to come forward and collect any monies that might be owed to them.

Most people who have taken steps to avoid probate in California have done so because of the perceived difficulty that this adds to the management of your estate. Probate can slow down the process of distributing your property, and also adds a public element to the management of your estate being closed out.

Schedule a consultation with a California estate planning lawyer today to learn more about the options available to you and why avoiding probate might be in your best interests. No matter what your estate goals are, we’re here to help you figure out an estate plan that works for you.



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