What Is Probate?

Handling Estate Assets

Probate Attorney Trustee Monterey, CA (photo: grandfather, boy)

Probate is the legal process that deals with how a deceased person's assets (their "estate") are handled after they die. It's essentially a court-supervised way to sort things out. 

Some people avoid probate by putting their assets in a trust or other methods. 
Read: “6 Ways to Protect Assets from Probate” 
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What happens in Probate?

Here's a breakdown of what happens in probate:

  • Validate the will (if there is one): The court checks to make sure the will is legit and reflects the deceased's true wishes.
  • Appoint a representative: If there's a will, the person named as the executor is usually appointed to handle the estate. If there's no will, the court appoints someone called an administrator.
  • Identify and value assets: This involves figuring out what the deceased owned (money, property, etc.) and how much it's worth.
  • Pay debts and taxes: Any outstanding debts and taxes are paid off using the estate's assets.
  • Distribute remaining assets: Finally, what's left of the estate is distributed to the beneficiaries according to the will or California law if there's no will. 

Probate can be time-consuming and expensive, which is why some people try to avoid it by using tools like trusts or titling assets jointly.

Learn More about Probate

  Probate & Trust Administration
  Probate Attorney
  Cost of Probate
  Assets in Probate
  How to Protect Assets

If you would like to discuss your Probate and Trust needs, please call us for an appointment: 
831-375-3030

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Contact Lori Silver

Monday-Friday:  9:00am - 5:00pm PST
Phone: 831-375-3030
187 El Dorado Street, Monterey, CA 93940