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What is Probate?

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What Happens In Probate Court?

When someone dies, certain legal steps must be taken to settle the estate. This is known as probate. During probate, a judge either validates the will of the deceased, or legally determines if they died without a will. Probate may also be referred to as estate administration.

Probate law is extremely complex. It requires detailed documents and long wait periods. To make matters more confusing, probate rules can vary depending on your county.

Our probate law firm specializes in assisting clients through probate. Our goal is to make the probate process run as smoothly as possible.

The probate law practice of Alice A. Salvo represents clients in Los Angeles through the process of probate. Probate is always easier with a trained, dedicated legal professional on your team.

Below, we’ll look to explore the probate and probate court process in more detail.

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What Happens During Probate Court?

Probate court handles the property and debt of an individual who has passed. The duty of the probate court judge is to enforce probate law . This means ensuring the deceased individuals’ creditors are paid. The probate judge will ensure left over assets are distributed to the correct beneficiaries. Probate court can be a complicated and expensive legal process. Our probate law practice helps you:

  • Determine the value of the estate
  • Distribute assets to beneficiaries
  • Settle any outstanding debts

Many people practice estate planning to help them avoid probate court altogether. Forming a trust is one common way to avoid the expense and stress of probate court. Assets, such as real estate, may be placed into a trust. Once in a trust, assets are no longer subject to probate.

For information on estate planning to avoid probate, contact our probate law practice. We can also help you through the process of probate and address any questions or concerns you may have along the way.

How Long Does Probate Take?

Generally, people try to avoid the California probate process. This is because it’s expensive and time-consuming. In fact, probate often takes a year or longer.

The process may be drawn out further if a relative or potential heir contests the court’s asset distribution. Note that the court, lawyers, assessors, and other related professionals all charge fees. These fees usually come out of the estate.

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Probate Law Benefits

Despite the challenges and expense, probate does come with some benefits.

In some cases, probate law may give a degree of certainty to the deceased’s family. Probate law will determine the following:

  • The validity of a will
  • Selection of an executor, administrator, or representative
  • Total asset value inside and outside of the estate
  • Paying off debts and estate taxes
  • Heirs
  • Distribution of assets to heirs as determined by the will

This can be especially beneficial if a will is contested, or there is disagreement about what an asset is worth. In this instance, probate law will determine the answer.

For some estates in certain jurisdictions, probate may be necessary. An experienced probate lawyer will help you determine if probate is required in your jurisdiction.

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What Happens if You Die Without a Will?

When an individual dies without a will, the state assumes responsibility for administering his or her estate. Dying without a will is known as dying “intestate.”

During intestate, family members power in determining how the estate is distributed may be limited. This may not present legal challenges for smaller estates.

For larger estates, we advise seeking legal representation. Contact our experienced probate law practice and speak to a probate attorney about possible legal options.

Contact a Los Angeles Probate Law Attorney

Our probate law practice is efficient. Often, we can complete the probate process sooner than many other law firms. If you would like to know more about what occurs in probate court or how long your case will take, we can review your situation.

If you need help with the probate process in California, please contact us online or call 818-676-9572 for a free consultation.