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What is Probate in California?

 

Probate a process where the court oversees the transfer of a deceased person’s assets. In many cases, the deceased leaves  a will and their will directs how they wanted to distribute specific assets and their personal property.

For example, the will names beneficiaries and what assets the deceased wants them  to receive.  At the conclusion of the probate process the court will order those assets distributed according to the will. For assets that are held in trust, the trustee appointed by the trust will distribute the assets according to the terms of the trust. Trusts are usually administered without court supervision.

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California Probate court may supervise the  distribution of an estates assets. The probate court will hear the case If there is dispute about the will or trust.

If your inheritance is at risk, you need the guidance of a knowledgeable probate litigation attorney. The Bassin Law Firm provides an experienced California probate litigation team that has earned a reputation for aggressive courtroom skills to meet the needs of our clients. Our attorneys focus on handling complex estate and inheritance litigation matters involving probate, wills, and trusts.

The attorneys at Bassin Law Firm can help,  If you are involved in a probate dispute or you have concerns about a recently deceased loved one’s will, trust, or estate.

 If you recieve a Notice of Administration that states you have 60 days to make objections to a probate proceeding You should consult a probate litigation attorney for any concerns regarding the distribution of significant assets in an estate. You need not wait. Prospective clients often contact us with have questions after receiving a Notice of Administration.  Protect your rights Call us Today.

Our probate litigation lawyers at The Bassin Law Firm assist clients throughout California. From our offices in San Francisco California.

Probate is the legal oversight of the transfer of a deceased person’s assets. In many cases, the deceased has left a will that directs how he or she wanted specific assets and personal property distributed.

For example, a will names beneficiaries and what assets they are to receive. A trust appoints a successor trustee who takes over the administration of the trust and its assets.

What happens in a probate with a will vs without will?

  • There is a will. If it names an executor, the executor  must file the will with the local probate court. The court will then hold a hearing to appoint an individual to administer the estate, usually the named executor. Administration of the esate involves ensuring debts and taxes are paid, collecting money owed to the estate, and reporting on the status of the estate to the court as it is dissolved. The executor is responsible for dividing and distributing  the assets of the estate as required by the will.
  • The Individual died without a will. A deceased person who did not created a will is “intestate.” The probate court will hold a hearing to appoint an administrator. The administrator is responsible for identifying legal heirs to the deceased and must settle the estate’s debts and taxes. The probate court will determine how and to whom assets from the estate are to be distributed. The distribution of an intestate persons assets is typically done according to a succession of surviving relatives to the deceased, i.e., First to the spouse, then children,  then parents, and then siblings, as required by state law.

In California probate often essentially consists of filing probate forms attesting to their contents at the preliminary ( or first) hearing.

 Disputes about the contents of a will or trust or the actions of the administrator of an estate or a trustee are legal claims and have a right to be heard by a probate court.

This is probate litigation. It requires attending a hearing and providing documentation and testimony as evidence to support the claim.

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