Attorney Scott Grossman Is Your Guide to California Probate

After the loss of a loved one, surviving relatives and friends are often overwhelmed with grief and strong emotions while facing the practical and immediate problems of burial and funeral arrangements. Days after the funeral, another reality settles in: What should be done with the deceased's property?

This raises not just the question of moving or disposing of personal items, selling vehicles or real estate, changing titles, and distributing personal property among heirs; it also raises the question of processing the decedent's estate through California probate, according to the law. For unprepared survivors, this appears at first as a daunting and unpleasant prospect.

Probating the decedent's estate can be a rather straightforward process, however, if you get the support and guidance of an experienced and dedicated California probate attorney like Scott Grossman.

An Overview of What California Probate Means

Probate means "proving the Will" of the deceased person through court proceedings. It is a process that directs you on how to:

• Establish what should or should not go through formal probate
• Designate the person who will represent the estate in order to manage the succession process
• List the decedent's assets in various categories of ownership, like community, joint tenancy, tenancy in common, or living trust property
• Determine a value to all non-monetary property
• Find and list all debts and obligations unpaid at the decedent's date of death and identifying the creditors and their order of priority
• Pay all debts and taxes as soon as estate funds become available, in order of priority
• Find the Will, determine its validity, and establish the list of all the beneficiaries and heirs (with or without a will) and their share of the decedent's property
• Administer the estate during the process in order to preserve its value and prepare for payment of debts and distribution
• Transfer property, after all creditors have been paid, to their rightful beneficiaries

Except in the case of small estates, estates that have been brought under a trust, or when the entire property goes to a surviving spouse or domestic partner, the administration and distribution of a decedent's estate is likely to go through probate. This is a cumbersome process that would take a minimum of one year... and a lot more if mistakes are made and deadlines are missed.

Talk to San Diego probate attorney Scott Grossman about your situation and any questions you might have. Call us at (951) 683-3704 or (866) 840-0000 for your FREE 30-minute telephone consultation.

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