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Probate in California

Probate in California

Probate is a court supervised proceeding of managing a person’s estate, or all of their remaining assets, at the time the person passes away. One’s estate may go be required to go through probate depending on whether a proper estate plan was set up, the title in which property is held, and the value of the remaining estate. Because the probate process can be costly and potentially take years to administer, estate plans often involve the preparation of a trust with the goal of avoiding probate.

In the event one passes away and it is determined one’s estate must go through probate, the probate process in simplest terms involves:

  • Probate petition filed with the correct court
  • Proper notice of upcoming hearing according to whether there is a valid existing will; if no valid will exists then to statutory heirs at law
  • Court appointment of personal representative of the estate, known as the Executor if there is a valid existing will, or an Administrator of the estate if no valid will exists
  • Taking inventory and appraisal of assets
  • Paying estate debt to creditors
  • Distribution of remaining assets to heirs

In reality, probate can be a complex legal process which may be difficult to navigate and may also be contentious. At the Law Office of Christine Padilla, we are available to provide legal guidance to Executors and Administrators during the probate process. If you or someone you know has questions about the probate process or are in need of a California probate attorney, we welcome you to contact us at the Law Office of Christine Padilla.

Christine Padilla
Owner and Attorney at Law