OUR PRACTICE

NAVIGATING PROBATE

NAVIGATING CALIFORNIA PROBATE

Probate comes from the old Latin word meaning “to prove”. The Probate court is responsible for proving the validity of wills and also for handling the estates of those who die “intestate”, i.e. without a will. Because this is a serious responsibility, the probate courts have very detailed and somewhat cumbersome procedures. It takes time, usually 1 to 2 years and it is costly. The reason probate takes so long is that you must notify all heirs and give them a chance to object at an initial court hearing, you must place an ad in the local newspaper over a period of several weeks and let potential creditors come forward, you have to have all the assets appraised by a court appointed appraiser, you have to prepare an accounting according to strict guidelines and after you have done all this you need the court’s formal approval to finally distribute the assets to the beneficiaries. Probate should be avoided at all costs! Good advance estate planning can insure that your heirs don’t have to go through probate. However, if you do have to go through probate we can help you through the process or handle it all for you. California Probate procedures are straight forward, but it just takes time and money. (See statutory probate fees) “WHAT DOES PROBATE COST?”

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