Law Offices of Carol Young Adams
Estate Planning ~ Probate ~ Trust Administration
 
 

    Early estate planning is designed to avoid the unfortunate circumstances which render an estate subject to probate.  People often hear of the need to avoid probate. 


    What you should understand is that probate is the process that one goes through, following the death of a person, where that person dies owning assets which exceed $100,000 in value, and those assets stand in the name of the decedent.  Probate is necessary to transfer title on those assets from the decedent to the decedent’s heirs.  Where the decedent has a will, the assets will be transferred to the beneficiaries named in that will. 


    Where the decedent did not have a will, the assets will be transferred either to the decedent’s spouse, children or where there is no spouse or children, to the decedent’s next of kin, as set forth in the California probate code. 


The probate process is a court preceding that is similar to an escrow for a deceased person.  The process is very technical and, to be handled correctly, it requires the use of a seasoned probate attorney. 


If you are faced with the death of a loved one, my heartfelt sympathies go out to you and your family at this difficult time.  If you are uncertain as to how you are going to handle their estate, or if they had assets which stand in their name, please contact me and I will review your situation, and advise you how to proceed. 


    If a probate is necessary, I will represent you before the court to efficiently get you though the probate process in a timely and efficient manner.

 

Probate