Bay Area Probate Attorney
What is Probate?
Probate is the court supervised administration of a person’s estate. Probate in California is governed by the California Probate Code. The probate code is a collection of statutes enacted by the California legislature and interpreted and carried out by the California courts.
The purpose of probate is to notify any creditors that a person has dies and then distribute that person’s assets. The assets are distributed either as described in the person’s will (if there is one) or as the probate code describes. In essence, probate is a process to foreclose creditors who do not make a claim during the statutory time limit so that the estate can be distributed without outstanding liabilities.
What Triggers Probate?
In California, probate is required when a person dies without a will or when a person dies with a will and a gross estate in excess of one hundred and fifty thousand dollars. Many people have the misconception that if you have a will you can avoid probate. This is not true in California.
Steps in the Probate Process:
-Appointing an administrator or executor,
-Notifying potential beneficiaries and creditors,
-Appraising and selling assets,
-Settling creditor claims, and
-Distributing the remaining estate assets.
Find out more. Get a free consultation.
Please contact me for a complimentary discussion about how I can assist you with all of your will, trust, probate, and estate planning needs.