Due to the fact, at least in the state of California, if you own real estate, you will be required to court supervised Probate. Probate is a lengthy, costly, bureaucratic, court process, which the majority of Californians will have to go through. There is an option to avoid Probate, and that is the Estate Plan which would include a Living Trust.
Probate is a court-supervised process following a person’s death that includes proving the authenticity of the deceased person’s will, appointing someone to handle the deceased person’s affairs, identifying and inventorying the deceased person’s property, paying debts and taxes, identifying heirs, and distributing the deceased person’s property according to the deceased person’s will or, if there is no will, pursuant to state law.
Formal probate is a costly, time-consuming process that is best avoided if possible. There are considerable legal and tax complexities in the probate process, so it is advisable to speak with a qualified Trust and Estate attorney to deal with the complicated and often messy task of distributing the assets of a deceased person’s estate upon passing.
If you, or someone you know is in need of the above-mentioned legal services, please call our office at (619) 683-2545 to schedule a free, no obligation, one-on-one consultation with one of our experienced Estate Planning lawyers to discuss your legal needs.