Is Probate Necessary?

Many wonder about what probate is, and if it is essential. According to the law, probate is the proceedings that occur after an individual passes away, when the person's belongings are allocated to the individual's family members or other people according to their will. Probate guarantees that what the will of the deceased individual specified will be enacted. There are some cases which do not require probate. There are other methods that an individual can do for a will, such as a living trust, which will exclude probate. So no probate is not always necessary, and sometimes is a more viable choice to not go through probate. Probate can take an extended period of time to be completed, and your particular case of the belongings, property, and assets of your loved one may not require probate.

Do you not have a will?

When an individual doesn't have a will, that individual's belongings, which they specifically had, are separated between the family, which can include the person that the individual was married to, their offspring, as well as fellow family members as the California law decides, according to the probate code in California §6240(1). Though, there are other ways beside probate that can ensure that an individual's belongings are separated and distributed in the way and to those whom they wished it to be allocated to.

The Law Office of David A. Shapiro

Our firm understands how a probate proceeding may feel, especially after the painful loss of a loved one. Though, such a proceeding isn't essential for every case.

We would encourage you to contact our firm to discuss your case, and your loved one's estate and such so we can help you know what plan of action would be best for you and your family - and whether probate is the right way to go or a different method can be used.