Probate is a legal process in which a will is subjected to a court-supervised examination to ensure that the person who wrote it and the beneficiaries named in it are who they say they are, that the will was signed by the person making it, and that it complies with state law.
Probate is not required for all estates. The need for probate depends on whether or not there is a valid will and how much property is involved.
If there’s no will, an estate passes to heirs automatically under intestacy laws if any exist in your state. If there’s a valid will, probate court proceedings decide how property is distributed according to the terms of the will.
Having a clearly written will is one way to make the probate process easier on your loved ones. Your will doesn’t only declare who inherits what. It also designates the executor who has been chosen to fulfill the instructions in your will AND specifies who you’d like to take care of your children if both parents were to pass away.
A great way to make sure your will or trust will allow your heirs to avoid probate is to work with a paralegal to help you create and file the correct legal documents. C4 Legal Assistance can ensure that your will is written clearly and in language that meets legal best practices. We can also create a trust for your family that will allow your assets to be passed down without having to go through probate court.
Call 805-585-3828 for your free consultation today!