What is probate and why is it generally advisable to avoid it?
Probate is the court-supervised process developed under California law which has as its goal the transfer of your assets at your death to the beneficiaries set forth in your will. It also provides for the relatively expedient resolution of any claims against your assets at your death. If you die “intestate” (that is, without a will or trust), your estate is still subject to probate court administration and the person appointed by the court to handle your estate is known as the “administrator.” If you die with a properly funded and maintained revocable living trust in place, your estate should not need to go through a probate administration. Probate has advantages and disadvantages. The probate court is accustomed to resolving disputes about the distribution of your assets in a relatively expeditious fashion and in accordance with defined rules. Thus, if you have a significant amount of claims against your estate, it may be advisable for your estate to go through the probate process. Ho
