When Do I Start a Probate?

When Do I Start A Probate?

Probate can become necessary when your loved one has died and there is a need to get something that is in their name transferred to other people.

If it is not something that has a designated beneficiary, like a bank account, nothing is in writing about who it is going to then it needs to go through probate.

Probate only starts once a person has passed away.

So the question is…

Do I need my deceased loved one’s signature in order to transfer property to whoever is supposed to get it?

Whether this is described in a Will or under intestacy laws (meaning that your loved one died without a will) you still need probate to transfer the property.

The right time to start probate is now, because probate is not a quick process.

Probate usually takes many months and sometimes over a year to complete and actually transfer the property.

The right time to start probate is once you discover you need your deceased loved one’s signature and there is no other way to transfer the property.

Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307