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.
For small estates there may be simpler ways to administer the affairs of your loved one without having to open up a full probate proceeding involving the San Diego probate court. Small Estates and Summary Proceedings may be an option to full probate.
Sometimes full probate is not required. One example is the ability to transfer car titles or other vehicle titles or interests in those titles outside of full probate. An experienced probate lawyer can assist you in figuring out if you are able to transfer certain assets outside of probate.
What happens when the decedent passed away possessing a safe deposit box in his or her sole name? Here is an overview for the steps needed when this is the situation.
There are many reasons that a property may face foreclosure during probate. Here are six factors that contribute to the possibility of a default on a mortgage during probate in California.
Gathering the witnesses for a will after someone has died can be difficult. Find out if your will meets the qualifications in order to admit the will to California probate without witnesses or not.
What happens to my loved one’s property if they die and they had a will? Well, that will depend on the terms of their will. Assuming that there is no challenge or you overcome the challenge, then the judge admits the will to probate.
w Do I Choose a Probate Attorney? No matter which attorney you hire, you are going to pay them the same amount of money. For the same price as a brand new graduate, you can get certified specialist in probate law.
Does a Surviving Spouse Have to do Probate? This comes up when I get calls from people who say either their mother or their father died and now it’s their spouse (the father or the mother) who has survived.
We don’t know if there is a will or a trust? How do we find out? Attorney Scott Grossman answers these questions in this very helpful video.
Often the question comes up, If my parents had a trust do I still need to do probate? Well the likely answer is no. The reason people create trusts is to avoid probate.