Probate is the legal process through which a deceased person's estate is administered and settled under the supervision of a court. It ensures that the person's debts are paid, and their assets are distributed to the rightful heirs or beneficiaries, either according to the terms outlined in their will or, if there is no will, based on the state's intestacy laws.
Key Steps in the Probate Process:
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Filing a Petition: To initiate probate, a petition is filed with the appropriate court. If the deceased left a will, the court validates it and appoints the executor named in the will. If there is no will, the court appoints an administrator to manage the estate.
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Inventorying Assets: All assets, including real estate, financial accounts, personal property, and other valuables, are identified and appraised to determine their value.
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Notifying Creditors: Creditors are notified of the probate proceedings and can file claims against the estate for unpaid debts.
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Paying Debts and Expenses: The executor or administrator uses estate funds to pay any outstanding debts, funeral expenses, and taxes.
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Distributing Remaining Assets: Once debts and expenses are settled, the remaining assets are distributed to the heirs or beneficiaries according to the will or state intestacy laws.
What Assets Go Through Probate?
Not all assets are subject to probate. Assets that are jointly owned or have designated beneficiaries—such as life insurance policies, retirement accounts, or payable-on-death bank accounts—can often bypass probate entirely.
Challenges and Length of Probate:
The complexity and duration of probate depend on factors such as the size and value of the estate, the clarity of the will, and whether disputes arise among heirs or creditors. Simple estates may be resolved in a few months, whereas larger or contested estates can take years.
Benefits of Avoiding Probate:
Many individuals seek to avoid probate through estate planning tools like revocable living trusts, beneficiary designations, or joint ownership. These strategies can save time, reduce costs, and provide privacy, as probate proceedings are public.
Probate serves as a critical process to ensure estates are properly administered, but planning ahead can often simplify or eliminate the need for court intervention.
Sacramento Estate Planning, Tax Planning and Business Attorney.
I’m John Goralka, a Sacramento Estate Planning, Tax Planning and Business Attorney at the Goralka Law Firm, P.C. If you have an estate, tax or business situation needing legal help, contact our team for experienced and friendly advice. You can contact us at 916-440-8036. Alternatively, you can use our convenient online contact form here on our website. We listen, and you can have your questions answered, your case evaluated, and explore your options for getting the legal help you need.
There are almost 200,000 attorneys in the state of California, and fewer than 100 of those attorneys are State Bar Specialists in Estate Planning, Trusts and Probate and State Bar Specialists in Taxation. I am one of the few attorneys with both critical specializations. I passed the California CPA examination and am a former income tax auditor and hearing officer. I am also recognized as a top attorney in the United States by US News and World Reports and by Best Lawyers and hold an AV rating from Martindale which is the premiere rating organization for attorneys. The AV rating is the highest possible rating for legal experience and for legal ethics.
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