Often times, when your loved one passes away, their estate will go through the probate process. During this process, the assets of the deceased are divided up according to the will, or if there is no will, then the assets will be divided up by the state of California.
If your loved one has recently passed away, you may not have to go through the probate process if they had a properly and well-drafted living trust.
If they did not have a will or they had a will, but not a trust, their estate will more than likely go to probate. The entire probate process is time-consuming and expensive. Give us a call today to discuss the process and get help filling out the right paperwork.
Filing of a petition with the proper probate court
Notice to heirs under the will or to statutory heirs (if no will exists)
Petition to appoint executor (in the case of a will) or administrator for the estate
Inventory and appraisal of estate assets by executor/administrator
Payment of estate debt to rightful creditors
Sale of estate assets
Payment of estate taxes, if applicable
Final distribution of assets to heirs
The only way for your family to avoid probate once you have passed away is with a living trust.
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