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November 11, 2013 | Comments: 0

Probate Court

Probate court is primarily recognized for overseeing settlement proceedings of decedents' estates. However, this court also handles legal issues pertaining to minor aged children, the elderly, and individuals with psychiatric or intellectual disabilities.

The role of probate court is to protect the rights of individuals and ensure probate laws are followed during estate reconciliation. Although probated estates can be settled without hiring a lawyer, most people find the process confusing and overwhelming and prefer to work with a law firm.

Probate is required to ensure decedents' Wills are valid and to record transfer of property to designated beneficiaries. There are two types of probate processes. When a Will is recorded with the court it is known as testate. If a Will is not provided, the process is referred to as intestate.

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April 04, 2012


Probate is the process used to reconcile a person's estate upon their death. It is necessary for recording the death and making certain financial obligations are satisfied according to state law. All assets that are not protected by a trust or transferred using assignment of beneficiaries are frozen until the estate is settled.

Probate typically takes several months to complete. There are many steps to the process which involve confirming an estate agent; notifying creditors and government entities; filing legal and financial documents; and managing distribution of estate assets to designated heirs and beneficiaries.

California probate code is one of the most stringent in the country. Assets can be suspended for months as estates pass through the court. Considering California is one of the more heavily populated states it only stands to reason probate caseload is often at maximum capacity.

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