Why is Probate Necessary?
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eath is never easy to deal with and knowing what to expect in probate will ease your concerns and allow you to think only of your dying loved one. Probate is the process of legally settling the deceased’s property, also known as their estate. When a death occurs, the debts, property, possessions and money of the deceased will need to be dealt with in a legal manner and according the wishes of the deceased.
An experienced Probate Attorney can help you determine if Probate is necessary or if it can be avoided. If it cannot be avoided, a Probate Attorney can assist you in handling the probate as quickly as possible.
Your Probate Attorney will help you in the following areas:
- Determining where the Probate process will take place;
- Determining what property must go through Probate;
- Determining what the cost of the Probate will be, and how and when it will be paid;
- Assessing the validity of the Will;
- Determining who will inherit;
- Obtaining court authority for the Executor or Administrator to act on behalf of the Estate;
- Determining what debts are legitimate and whether they can be reduced or avoided;
- Assisting in the sale of Estate assets;
- Assisting the Executor to comply with all legal requirements of Probate;
- Having the Estate assets appraised; and
- Many other aspects of Probate.
Do you have concerns about Probate?
Probate, the process of the court based system for administrating a person’s estate upon death usually involves determining who is in charge of such estate, what assets belong to the person, what assets can be processed out of probate and which assets will need to go through the probate process. It also determines who is entitled to receive any of the assets, beneficiaries of the estate and creditors of the estate including the State of California and other governmental agencies.
