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SpinDistribute.com Article Directory

The following article was published in our article directory on November 16, 2013.
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Important Issues Regarding Probate

Article Category: Legal

Author Name: Mortensen Law Office

Probate basically refers to the act of presenting a will to the court for filing. It is also a process in which an estate is processed and administered through the legal system after the decedent dies.

This process can help transfer an estate in a supervised an organized manner. During the process, a probate lawyer is necessary to prevent any misunderstandings or legal problems in the future.

Therefore, you need to have an attorney to help you out with probate. This is especially true if you know nothing or very little about the probate process. However, you should understand that probate does not only relate if you have a will.

Even if the will does or does not exist, your estate will still be probated under the California law. The price, however, still depends on the value of the estate. Plus, you have to consider extraordinary fees.

If you have a legal will, you can pre-determine how your estate will be dispersed to your heirs and recipients. This will is going to serve as basis on how and to whom you will entrust your properties. Though, if you do not have a valid will, the state law will make a decision on how to distribute your estate.

If you die partially intestate or you die with your estate only partially covered by a valid will, the state law will still make the final decision as to how or whom your state will be distributed. This is why a probate attorney is extremely necessary. You have to have everything organized and documented, so there would not be any problem once you pass on.

Since you will no longer be present when your estate does under the probate process, you still have to understand how this process works. Essentially, it involves two primary steps: paying the debts you owe and transferring assets to your heirs and beneficiaries. The probate court will oversee the total procedure.

Since probate courts are not federal courts, the process that they follow may depend on where your state is located. So, if you live in California, you cannot expect the probate there to be the same with that of another state. You need to find out how it works in this state, so you can properly plan how to distribute your assets.

Needless to say, state courts are practically the same. In general, they consider your personal representative or executor; inform your heirs, beneficiaries, and creditors; make an inventory for your assets; and distribute your estate with your bills and taxes already paid.


Probate Attorneys, P.C.
22807 Lyons Avenue
Newhall, CA 91321
www.mortensenlaw.com

Keywords: Attorney, California law, Tax law, Trust lawyer, Probate lawyer, Mortensen Law, Medicare, Attorney

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