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What Is A Probate Admistration?

A probate administration is the court process to transfer the assets of a decedent to his or her heirs or beneficiaries.  The court oversees the transfer through a court supervised proceeding.  Before the assets are transferred, a court order authorizing the transfer is required.  

Whether or not a probate proceeding is required depends upon what documents, if any, your loved one had and the value of the estate.  If the estate plan only consisted of a will, a probate will need to be opened.  If no estate plan was done, a probate will need to be opened.  If there was a trust and a will, a probate is generally not required.

A simple test to determine whether you need a probate is do you need the decedent’s signature to transfer the assets.  For example, your mother had a home when she passed away and the home was held in her name individually.  In order to transfer the home, you need your mother’s signature.  A probate will be opened to authorize someone to sign on your mother’s behalf to transfer the property.  The same would be true for a bank account that does not have designated beneficiary.  

A probate is the process where a decedent’s estate can be administered through a court proceeding.  The court oversees the process and the administrator or executor (depending upon whether there is a will) is required to do certain acts required under the California Probate Code.  A general probate can take 12 months to 18 months, depending upon the court’s schedule and the complexity of the estate administration.

 

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