What is probate law?

Probate law is a specific type of law dealing with the estate of a deceased person. It is the legal process that is used to settle the estate of the deceased, which includes distributing the assets of the deceased, as well as paying taxes and debts that are owed. In California, probate law is governed by the California Probate Code. This code outlines the procedure for opening and administering the estate of a deceased person. It also establishes the rules for distributing assets, paying creditors, and determining who is entitled to the property of the deceased person. The probate process typically starts with petitioning the court to open the estate. The court then appoints an executor or administrator to manage the estate. The executor is responsible for collecting and safeguarding the estate assets. They must also manage any debts or taxes that are owed and follow the instructions in the will. Finally, the executor must distribute the assets of the estate according to the instructions of the will, or according to the laws of intestate succession. This includes dividing assets among the surviving family members, as well as paying creditors and taxes. Probate law is a complex area of the law, so it is important to consult with a qualified attorney before beginning the probate process. A knowledgeable attorney can advise you on the best way to handle the estate of the deceased and ensure that the process is carried out fairly and efficiently.

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What is probate law?

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