Is Probate Necessary in California If You Have a Will?
Probate is a formal way of making sure estate assets end up where California law requires, whether or not there is a valid California Last Will and Testament. If a will does exist, it is necessary to submit it to a California probate court so that it can be validated and executed effectively. The probate process also assures that the decedent's financial affairs are settled after his or her death and that creditors are paid.
If no California will exists - also known as "dying intestate" - probate is necessary to determine who will receive the deceased person's assets under California law. In California, a surviving spouse with no children will be the sole beneficiary if no will exists.
Beyond that, there is a standard formula used to determine the amount dispersed to any children whether or not there is a surviving spouse. There are also provisions in the law to determine who is to inherit the assets if there are no children or surviving spouse.
When you are already grieving the death of a family member, the complex demands of the California probate process can be overwhelming. An Irvine probate lawyer can provide the guidance you need to relieve this burden. Should any conflict arise over the handling of an estate, skilled legal counsel becomes even more essential.
The Flanigan Law Group provides Southern California residents with personal attention for estate planning, administration and litigation legal services. When disputes between families, arise, they are very successful in resolving legal estate issues quickly and efficiently while preserving financial and emotional resources. Contact the Flanigan Law Group at 949-450-0042.