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A: Probate is the legal administrative process through which property from the estate of the deceased is transferred from the name of the deceased into the name of the inheritor. It is a court ordered transfer of property.
Even if the deceased has left property, bank, or brokerage accounts to a beneficiary in a will or trust, California probate may still be necessary. This is because there are cases where the signature of the original property owner is needed to complete the transfer.
There are also cases where the deceased held bank or brokerage accounts in his or her name alone without designating a beneficiary. In this case, the accounts will need to go through probate to establish to whom the funds will go, now that the original account holder is deceased.
If you are the executor or administrator of an estate, then there may be additional complications, such as tax issues, legal claims against the estate, and other beneficiaries who are unhappy with the distribution of the estate and threaten legal action. In this case, it may be in your best interests to seek the guidance of a skilled San Diego probate lawyer.
The California trust lawyers at The Grossman Law Firm offer estate planning, probate, trust administration, will contests, and trust litigation services to clients in San Diego and outlying areas. For a free consultation, call toll-free 888-443-6590, or use our quick online contact form.
Also, be sure to order a copy of Scott Grossman’s FREE book The Insider’s Guide to California Probate and Trust Administration.
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Temecula, CA 92590
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