Is Probate in California Always Necessary?

11:24 pm Uncategorized

Many people who have a will assume that there will be no need for probate after their death. The truth is that even with a modest estate, probate or a similar process will most likely occur; so it’s important to know what the proceedings will include to ensure that the assets of your beneficiaries are guarded. When it comes to California asset protection, having a qualified Newport Beach probate attorney on your side will make the difference in how well your estate is structured.

Reasons for probate are varied but have good reason. Often the probate process reveals that there is a later will, that the will in probate may not be valid due to a number of circumstances, such as soundness of mind, absence of signature, forgery or other factors.

Probate is necessary if there are other disputes about the will, even if it is proven to be authentic, the most recent, and signed when the decedent was of sound mind. Outside parties may wish to contest the will or fight for the rights of other potential “should-be” beneficiaries who are not named by the deceased.

There are many aspects of a will that are subject to changes in circumstances, including life insurance — was it in a trust? Was the decedent’s pension part of the estate? Of all the reasons for probate in the instance of a testate will, the largest in most cases has to do with real property. Until real property has been probated, titles cannot be cleared on any land, parcel, or home if they were in the name of the deceased. For this reason, having a knowledgeable California probate attorney is tantamount, especially when the estate exceeds two to three million dollars, and especially when a good amount of real property is part of the estate.

Our California estate planning attorneys can help you draft a will that will stand the test of probate and protect the interest of your beneficiaries. Contact California probate lawyer Jeff Matsen today.

Contact us today for individualized planning strategies to meet your unique needs.

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