Probate is the judicial process whereby a will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at the time of death in the absence of a legal will.
Usually a will or trust describes the types of distribution for inheritance: “per stirpes,” “per capita by generation,” and “by right of representation.”
How do I find out if I’m a beneficiary in a California will? If you think are, but you’re having trouble getting a copy of the document, contact us today!
Certain beneficiaries may be ineligible to receive estate assets under California probate law. View here for more from a San Diego trust litigation attorney.
As part of the estate planning process, you or a loved one may have chosen to include a no-contest clause in the will or living trust.
Not all of a decedent’s assets will go through the California probate process. If the deceased had no titled or significant assets to his or her name, then the probate process may not even be necessary.