LEGAL QUESTIONS ANSWERED: What is Probate?

What is Probate?

When a person dies with a Will or without a Will, but has no Revocable Living Trust, a Probate is usually required. A Probate is, quite simply, a court-supervised estate administration proceeding. The Probate Court judge oversees the process, admitting the last, valid Will, if the decedent had one, and working with the appointed Executor (person designated in the decedent’s Will as the “personal representative” of the estate) or Administrator (if no Will exists, the person who petitions the court to manage the estate) to administer the estate in an orderly manner. The law requires that the personal representative (typically, with the assistance of professionals, such as a trust/estate attorney, C.P.A. and others) satisfy many substantive and procedural requirements. The proceeding typically takes at least 8-9 months to complete and often lasts more than a year. An attorney is nearly always hired to help the Executor or Administrator fulfill many, important substantive and procedural requirements during this long process.

This article is intended to provide information of a general nature, and should not be relied upon as legal, tax, financial and/or business advice. Readers should obtain and rely upon specific advice only from their own qualified professional advisors. This communication is not intended or written to be used, for the purpose of: i) avoiding penalties under the Internal Revenue Code; or ii) promoting, marketing, or recommending to another party any matters addressed herein.

Mr. Silverman is an attorney with R. Silverman Law Group, 1855 Olympic Blvd., Suite 125, Walnut Creek, CA 94596; (925) 705-4474; rsilverman@rsilvermanlaw.com.

ESTATE LEGAL SERVICES: Need to find an estate planning attorney in Walnut Creek CA? Contact Robert Silverman at 925-705-4474 for legal advice on Revocable Living Trust, Wills, Durable Power of Attorney, Advance Health Care Directive, Special Needs Trusts, and Irrevocable Trusts & Advanced Estate Planning, including Irrevocable Life Insurance Trust (ILIT), Qualified Personal Residence Trust (QPRT), Defective Grantor Trust (IDGT), Grantor Retained Annuity Trust (GRAT), “Crummey Trust”, and various types of Charitable Trusts.