Probate is the process used by a California court to distribute the assets in the estate of a deceased person. Probate affects assets that are included in a Will and not included in a Trust. A court will probate the estate of anyone who passes-away unless the deceased individual has created a trust. If the person dies without a will, or a trust, they are said to die intestate; if a person dies after having formed a will, but did not create a trust, they are said to die testate.
Meaning of Probate
When an estate is probated, a court case is created to deal with the following:
- Transferring the property of someone who has died to the heirs or beneficiaries;
- Deciding if a will is valid; and,
- Taking care of the financial responsibilities of the person who died.
In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that practices family law and represents clients in Sacramento, California and clients in Northern California with services they need and deserve when addressing all aspects of probating an estate. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.