It is far too common for a person to die without having a proper estate plan in place, or, having a revocable trust plan in place, but failing to have properly titled assets. When this occurs, the estate may be required to go through a probate proceeding. Probate is a court-supervised administration requiring that a case be filed in the probate division of the superior court of the county of jurisdiction, wherein an executor is appointed as fiduciary of the estate. The executor must marshal the assets of the estate, notify heirs and creditors, account to the court, and ultimately obtain the court’s approval to distribute the assets of the estate, pursuant to the law. Probate is a costly and tedious process. Sometimes there are ways to a avoid proceeding through a full probate procedure while still effectively administering the estate. Factors to consider in evaluating the needs of the estate include the domestic status of the decedent, the size of the decedent’s estate, and whether the decedent evidenced an intention to title assets in a specific manner. We can guide you through this difficult time while producing the best possible results.
For more information about our Probate Administration services, please call us at (408) 409-5520 or email us at anne@leclair.law.
