What is Probate?

Historically probate was the process of proving a will is valid and administering the estate of a decedent (deceased person) in accordance with the terms of the will. Today, probate is used as a general term for the entire process of the administration of the estate of the deceased person, including those estates without wills, with court supervision. Many people commonly place their assets in to trusts or joint tenancy (rights of survivorship) prior to their death in order to avoid the probate process. There are many reasons for trying to avoid probate, including but not limited to court supervision of the distribution of the assets and payment of creditors of the estate, expensive fees set by statute, paperwork, and delays in the distribution of the estate. Simply put, probate is the process of passing the assets (and their title) of a deceased person to his or her heirs after the payment of creditors. Our Orange County Law Office represents beneficiaries and personal representatives in all matters of probate and probate litigation in the Southern California Courts.

What are Some of the Purposes of Probate?

1. To prove a will (if any).

2. Collect the decedent’s (deceased’s) assets and inventory them in order to pass the assets on to the intended beneficiaries or natrual objections of the bounty.

3. Pay creditors including taxes.

4. Identify successors in interests and pass a clear title to the heirs.



What is the Simple Version of Probate Procedure?

1. File a Petition with the court to admit the Will (if any) to Probate.

2. Provide Proper Notice a. Service to Known Creditors and interested parties b. Publication in local publication.

3. Court Hearings and supervision of the distribution of the estate assets.

4. Appointment of personal representative to administer the estate such as collecting assets, selling property, satisfying claims against the estate, provides accounting to the court, and distributes the assets of the estate.

Are There Ways to Avoid Probate?

1. Joint tenancy on your real property titles (Joint tenancies generally provide for the right of survivorship for the joint tenant).

2. Create a proper estate plan such as creating and the funding of an intervivos trust.

Please feel free to contact an attorney in our Orange County office for more information. There is a lawyer in our office that would be happy to help with your probate legal matter.