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What are the Benefits of Probate?

Although probate is not essential in every case, an individual might want to consider this process. Even though probate can be lengthy, intricate and possibly confusing, there are some possible benefits of the process. Much like other complicated legal proceedings, advantages of the particular process are available.

If after reading this page, you are still unsure whether probate is necessary in your case, schedule a case evaluation with us.

Some Possible Benefits

  • All steps are legitimate - Probate is a legal proceeding that can be trusted
  • Probate specifically makes sure that the stipulations and wishes of the individual in their will are carried out
  • Individual can know that their wishes will be respected and honored
  • Individual can know that their case is given the attention and care it needs

With an executor of the will, and other individuals that are connected to the probate process; a person can know that they don't have to deal with everything on their own. Also if the individual who is to be carrying out and handling the will isn't fulfilling their responsibilities and even possibly committing illegal actions towards the estate, they can be dismissed from their job - a person won't be stuck with someone that doesn't care.

Through probate, the individual that handles and carries out an individual's will doesn't just separate and disperse the belongings, but they also take care of the financial issues, such as debt, so any financial problems will be addressed.

Administration of Probate

When an individual passes away, the details of the various belongings and assets that they wish to distribute to certain loved ones are provided in their will. The process of handling the distribution of the belongings, property, assets and such is under the probate administration field. Probate administration is when an individual is chosen to carry out the will, to guarantee that the wishes of the individual in the distribution of their property are honored.

Probate administration helps ensure that the estate will be:

  • Surveyed appropriately
  • Handled appropriately
  • Allocated appropriately

Choosing Personal Representatives and Executors

There are many laws and probate codes that detail how the probate will be handled. According to §8400(a) the time in which an individual becomes designated as a personal representative is when they have authority of managing the individual' s belongings, assets and property - when that party receives the letters is the time that they are actually instated to the position of handling the estate. §8400(c) provides the exact declaration of the command or instruction regarding the personal representative's delegation.

This is in effect regardless if the individual becomes the will's executor - though this does not include if an individual chosen as the will 's executor supplies the finances for the memorial as well as providing the means which are essential for the property's upkeep and cultivation, prior to an individual's assignment as executor, according to §8200(b).

Learn More About Probate Administration

In order to understand the many components of probate law, as well as probate administration, go ahead and call our firm. Our qualified and experienced team thoroughly understands the laws regarding probate under the California probate codes, so there is no need to worry that we won't be learned in the various laws regarding probate.

If you are in need of a probate attorney, contact the Law Offices of David Shapiro.

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