What is Probate?

Posted on Apr 24, 2015 in California Wills, Estate Planning | Comments Off on What is Probate?

What is Probate?


what is probate

Probate is a term that is used in several different ways. Probate can refer to the act of presenting a will to a court officer for filing — such as, to “probate” a will. But in a more general sense, probate refers to the method by which your estate is administered and processed through the legal system after you die.


Many people think that “Probate” only applies to those who do not have a will. This is incorrect. Probate is the process that helps transfer your estate in an orderly and supervised way. There is a big difference, however, in how the probate process works depending on whether or not you have a complete and valid Will. If you have a valid Will, this process is pretty painless and easy for those you leave behind. Without a valid or complete will the laws where you live will determine who gets what, or in other terms- your assets are tied up in an ugly, oftentimes long court battle.

Losing a loved one is a sad and difficult time for family, relatives, and friends. In addition, those left behind must often figure out how to transfer or inherit property from the person who has died.

To do this, you must usually go to court. And dealing with the courts and the property of someone who has died is very complicated. Sometimes, however, family or relatives may be able to transfer property from someone who has died without going to court. But it is not always easy to tell whether you need to go to court or qualify to use a different procedure…we still encourage you to talk to a lawyer to get specific answers about your situation. You can usually pay the lawyer’s fees from the property in the case.

California Courts official website

With or without a Will and complete Estate Plan, the Probate process is a bit complicated. We are here to help! We here at GQ Law have been helping people through the Probate process- whether your deceased loved one had a Will or not, since 1989. Please contact out office today to set up a FREE initial consultation to talk about your particular situation.

Let the experts at GQ Law walk you through this complex process.

GQ Law 858-549-8600. We are here for you.

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