The probate process is designed to transfer your estate in an orderly and supervised manner after your death. Probate law in California specifies how your estate is to be dispersed; for example, your debts and taxes must paid before your beneficiaries can obtain their inheritances. Those are the two basic steps. If you have a valid will, it determines how your estate will be transferred and to whom. Without a valid will, or if only part of your estate is covered by a valid will, the law determines who gets what, and it’s not unusual for a legal dispute to emerge. To make certain that you fully understand the probate process and what will happen with your estate, arrange promptly to have a consultation with an experienced Orange County probate attorney.
If you have a will, you name the person you want as your personal representative – the person who will manage your estate after your death. If you do not leave a will, the court determines who will serve as your personal representative. In most cases, it’s a close family member. The personal representative must inventory the different types of property – real and personal – that make up your estate so that your estate’s value can be determined. The final step in the probate process is the distribution of your property. Ideally, both your creditors and your heirs get what they are supposed to receive.
What remains after your creditors are paid is distributed to your heirs or to the beneficiaries you’ve named in your will. If you want to learn more about estate planning and the probate process in California, or if you need to create a will or other estate planning documents, it’s easy to get started. Arrange without delay to meet with an experienced Orange County probate attorney who can address your concerns and provide the valuable estate planning services and advice you need.