The probate is known as an official procedure where the official proving of the will, which was left behind by a person in the family, is declared and the court processes for whether the will is valid or not. Since it’s a legal procedure, there is always needed a professional lawyer or that of probate attorney to take matter into their hands and take the procedure further on in a supposed manner.
Distributing the assets and estate of a deceased person is what the legal definition of probate states. The probate can also include the property like taxes, insurance, title or even paying the credited money, which was taken by the deceased, to the creditors. Since all these assets are a department in itself under the law, it is essential to find the right person who can handle the case efficiently. Thus here are discussed some of the essentials which explain why you need a California probate attorney in first place:
- Probate court is necessary if the will is deemed invalid for one of these reasons: Improper Execution – it wasn’t written clearly or it was not a legal will.
Mental Incompetence – the deceased was found to be not in the right frame of mind when the will was executed, putting the contents of the will itself in question.
Undue Influence – the deceased was under duress when he or she wrote up the will.
- When the deceased left no will, probate is mandated by law. The probate court will be the one who will administer the distribution of the assets of the deceased and for transferring the title of the property.
- If the property and assets were owned solely by the deceased, a probate is required. In most cases where there were no designates of the property or asset of the deceased, the property or asset is probated to get it out of the name of the deceased and into the beneficiary’s name.
- If the assets were owned as a Tenant in Common or Joint Tenancy, a probate is also required. Meaning, if the property is owned jointly by the deceased and another person, this process is required to make sure that the legal heirs of the deceased will get their share of the property.
- A probate is mandated by law when the deceased did not name any beneficiary or if the beneficiaries predeceased the decedent. Beneficiaries are usually named in life insurance policies, retirement funds or certain savings accounts. But if the beneficiaries have died already or the deceased did not name any beneficiary at all, a probate is mandated by law to release the money or title to the legal beneficiary/ies.
Although the goal has always been to avoid the probate system in California, there are times when probate attorney is needed to keep things legally distributed as per the will. Professionals like Patton Law Group have been practicing probate for long and understands how to tackle the tangled situation with peace and professionalism and according to the law. Just some research, a little background check and you can have the right probate attorney at your disposal.