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Probate rules vary greatly from state to state

Posted on Jul 05, 2010

This question and answer column in the Houston Chronicle really illustrates the importance of getting a local attorney for your probate case.  The attorney who writes this column is a certified specialist with the Texas Board of Legal Specialization.  I've never met him but assume he is well qualified to answer questions about Texas probate cases.

His response to the first questions concerns the mechanics of probate in Texas.  Apparently, there are unsupervised probates in Texas.  He warns the reader to hire an attorney to guard her children's interest in the estate because they won't know what is happening in the probate otherwise.

This is quite different from California probate cases.  All California probate cases go through probate court and require notice to all the beneficiaries.  There is an affidavit procedure in Calfornia for small estates without real property that does not go to court but that is the only exception.   

Don't be lulled into a false sense of security because a California probate goes to court.  If you think something is wrong you can't rely on the judge to catch and correct the problem. I've lots of people over the years who have contacted my firm after the probate was closed to complain about something that happened.  The entire purpose of giving notice to beneficiaries in a California probate is to give them the opportunity to come into court and object to anything that's wrong.  Failing to object means you have waived your right to do so.  If something is wrong then act now.  You won't get a second chance. 

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The Grossman Law Firm, A.P.C. are San Bernardino, California probate lawyers.  We help probate estates in San Bernardino County, California.  We appear in the Redlands probate court for cases from Rancho Cucamonga, Ontario, Fontana, Rialto, San Bernardino, Victorville, Hesperia, Apple Valley, Loma Linda and Redlands, California. If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.