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What is Probate? An answer.

Probate is the process of “proving” the identity of the individuals entitled to a deceased person’s property, after payment of that person’s debts, administration expenses, and any taxes that may be due.

This formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries.

It includes:

  • Proving in court that a deceased person’s will is valid
  • Identifying and inventorying the deceased person’s property
  • Having the property appraised
  • Paying debts and taxes
  • Distributing the remaining property as the will directs.

The term probate” describes the court-controlled procedures for finalizing a deceased individual’s affairs at death, and providing for the orderly distribution of those assets to the persons entitled to them, either under an individual’s Will, or pursuant to state law governing intestacy. Typically, probate involves paperwork and court appearances.

The basic job of administration and accounting for assets must be done whether the estate is handled by an executor in probate or whether probate is avoided because all assets were transferred to a living trust during lifetime or jointly owned. Many states have simplified or streamlined their probate processes over the years. In such states, there is now less reason to use probate avoidance techniques unless there are other valid reasons to continue to minimize probate.

In dealing with probate , you need a Rancho Bernardo lawyer to help you through the process.  Gordon G Meyer serves the communities of Rancho Bernardo, Poway, Rancho Penasquitos, 4S Ranch, Escondido and other North County communities.

Contact Gordon G Meyer, attorney at law to help you with the issues surrounding Probate.

Call 619-855-4070 for an appointment today.