Avoiding Probate

If you have a well-crafted estate plan set up and the executor of your will or trustee of your trust agreement works with a lawyer when handling your estate after you die, you can avoid many of the problems that can arise with California probate law. A California estate planning attorney can perform both functions, drafting your documents and administering your estate.
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The death of a parent is never easy. Not only are you left to deal with the highly emotional toll that such a loss can take, but also you are left to deal with their estate. And while you want to do right by them, it can get pretty confusing quite quickly. This is especially true if it goes to probate.

Probate is the settling of an individual’s estate by a court-appointed executor.
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During probate, a court supervises the work of gathering a deceased person’s assets and distributing them, whether to pay off creditors or to give heirs the parts of the estate designated for them in the deceased person’s will (or designated by state law if the person died without a will).

Every probate court has a detailed set of rules for the probate process. These include rules about what documents must be filed, what information must be included in those documents, and which deadlines must be met. Many states use part or all of the Uniform Probate Code (UPC), a set of model probate laws created by a team of experts in the process.

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