Probate is a court-supervised process that transfers legal title to someone’s assets after that person dies. Many steps and technical rules are involved in probating an estate, and sometimes multiple court appearances are required. Attorney fees and other probate fees are set by statute.
In cases where the decedent had a trust, the assets held in that trust do not have to pass through probate. If the decedent did not have a trust, or had assets which were not included in the trust, an ancillary probate may be necessary. Sometimes a spousal petition or a small estate set aside will avoid a full lengthy probate.
The probate process involves transferring property and assets, paying the debts of the estate, and notifying beneficiaries. Probate court is also the forum through which will contests, trust contests, or fiduciary challenges regarding a trust or estate are settled. Johnston, Kinney & Zulaica LLP represents executors of estates in the probate process, as well as clients involved in probate and trust litigation.
Our firm handles probate proceedings and trust contests anywhere in California.
Are you a beneficiary of a trust or an estate? You may have questions or require assistance in determining your rights as a beneficiary of a trust or will or as a legal heir to an estate. Getting proper legal advice at the onset can often expedite the process, as well as mitigate issues and offer necessary support.