Law Information and Services for Petaluma, California and beyond

PROBATE

Probate is a court proceeding where the property and belongings of a deceased person is legally transferred to others.  Before such a transfer occurs, an inventory and accounting of assets is submitted to the court, creditors are notified of their to submit claims, creditor claims are resolved, a plan for distribution is approved, probate fees are approved and paid, and finally the distribution and transfer of title occurs.

Probate does not require a will, although a will is extremely helpful.  The entire process usually takes anywhere from 9 months to 2 years.  There are various costs and fees involved in the process.

Since the decedent cannot do anything, a personal representative must be appointed to act in place of the decedent.  If named in the will, the personal representative is called an executor or executrix.  If there is no will, the personal representative is called an administrator.  The personal representative can perform his duties on a voluntary basis or collect a fee.  He can act on his own, or hire an attorney to represent him.

You can avoid probate with a living trust.

I have assisted clients take an estate through the probate process to final distribution.