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We Understand the Probate Process

What Happens During Probate?

Family and friends who have lost a loved one are often left to figure out how to transfer and inherit the property granted to them by the deceased. The court proceedings that determine the correct course of action in these situations is called probate.

One of the first things to happen during probate is determining whether or not the will is valid. Once it has been declared legitimate, an executor (often named in the will) or an administrator (should there be no will) is appointed by the court to settle the contents of the will under the supervision of the court. Allocating the assets is often a time-consuming process, as any debts or outstanding expenses held by the decedent must be paid before the remainder of the estate can be delivered to the beneficiaries.


Navigating the Probate Process

Dealing with the property of a recently deceased person and the court system can be a daunting and complicated task. However, there are a few channels in place to streamline the process should the case match certain criteria. For example, according to California law, exemptions can be made depending on the type of title ownership (in instances of joint ownership and survivorship) or how certain contracts are structured (contracts with named beneficiaries, for example). These examples are the exceptions instead of the rules, however, and more often than not an estate tied to a Will will require an extensive probate process.

At Mother Lode Law in Placerville, California, we are able to steer you toward the most effective and simple course of action — saving you the headache of navigating the convoluted world of probate law and allowing you to spend more time with your family and friends during this trying time.