Category Archives: probate litigation

3 Ways You Can Avoid Probate in California

If you’re planning out your estate, you may have likely heard the term “probate”. You’ve probably also heard that probate is something you want to avoid. There are a couple of reasons why you’d want to avoid probate. The probate process can be expensive, as there are fees that will have to be paid. In addition, your estate may be used to pay for these costs, which could mean your surviving family will get a smaller amount from your estate than initially expected. Probate also places control in the hands of a judge. The judge will decide how assets are…

When Does An Estate Require Probate? Navigating Difficult Concepts in Difficult Times

One of the first obstacles which must be tackled in determining when an estate needs to be probated, is understanding the basic terminology associated with estate planning. Probate is simply the system of supervision provided by the court for distributing the decedent’s property at death.  Paramount in understanding the functions of probate, is understanding that each state has its own probate laws.  Some states follow the Uniform Probate Code (UPC), and some follow derivatives of common law.  The information shared here is not intended to substitute actual research of your state’s laws concerning probate, but is instead intended to give a general…

California Probate Court

Probate is the legal process involved in administering the estates of deceased persons. The process is supervised by the probate court, which protects the interests of persons involved in probate court matters. The probate court appoints a personal representative to administer the estate and report to the court. The personal representative may have to be bonded in order to ensure that the assets of the estate are protected. The probate court that will supervise administration of an estate is the one in the county where the decedent lived at the time of death. Probate courts also handle other types of…