What is probate and how does it work?

Probate is a legal process that takes place after someone passes away. During this process, their assets, such as money and property, are distributed to the people they named in their will. Probate is necessary to ensure that the decedent’s final wishes are carried out properly. In California, the probate process is supervised by the court. A will must be filed in the court and approved by a judge in order for it to be valid. The court will appoint an executor or personal representative to oversee the probate process. This executor is responsible for collecting the deceased’s assets, identifying creditors and paying off any debts, and distributing the remaining assets to the designated beneficiaries. The probate process can be complicated and time-consuming. It is important to make sure all legal requirements are followed and all paperwork is in order. If the process is not completed correctly, the court may reject the will and the estate will be divided according to California intestate succession rules. It is important to consult an experienced attorney to make sure your will is legally valid and your wishes will be fulfilled. An attorney can also help you avoid mistakes that could complicate or delay the probate process.

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