Probate is a judicial proceeding where they may do any number of things. One of the things they may do is establish that the Will of the Testator is in fact the proper instrument. In addition, the decedent’s heirs may need to be established for the purpose of distributing property. Probate can be time-consuming as well as resource consuming.
When someone dies without a proper estate plan probate is the process that the court will use in distributing the property, and how they determine who the property is to be distributed to. As you might imagine dying intestate (without any estate plan in place) may bring about results that were unintended by the decedent. The California Probate Code will determine the decedent’s heirs and distribute the property according to the California Probate Code. A properly implemented estate plan can avoid all this. Wills too must be probated whereas a trust does not need to be. As I’ve said elsewhere on the site a Will is a public document whereas a trust is a private document. This is one of the reasons why trusts have gained such favor over the years.
Contact us today to take advantage of our free 30 minute consultation. Estate planning can save both time and money in the long run compared to the alternative of probate. Further, proper estate planning is the best way to ensure your wishes are carried out in the manner you wish them to be carried out.
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