What Is Probate & Why Is It Sometimes Avoided?
Everyone is aware of what a last will is in a general sense and what it is used for, but there are those
who think that it is a document that is only read by family members. In reality, your estate must pass
through the process of probate when you use a last will as your primary vehicle of asset transfer. It is
important to understand the fact that the heirs to the estate will not receive their inheritances until the
estate has been probated and closed.
What exactly is probate? Probate is the process of estate administration, and it is a public proceeding
conducted under the auspices of the probate court in the jurisdiction that is local to the deceased.
During this interim the court will examine the will to make sure that it is indeed the last one and that it
is legally valid. Anyone who wanted to challenge the will would present their arguments before the
probate court.
The simple fact that probate allows an opening for people to challenge the wishes of the deceased is
one of the reasons why many people choose to avoid it. The public nature of the proceeding is also
something that compels a lot of individuals to employ probate avoidance strategies. These people
would prefer that their final affairs remain private.
Probate can be quite time-consuming, and this is another reason why it is often avoided. Depending on
the complexity of the matter it can take anywhere from several months to several years for an estate to
be probated.
And finally, there are significant expenses that go along with the probate process. Every penny that is
spent during probate is money that could have otherwise been put to use by the loved ones that you will
be leaving behind.
If you'd like to learn more about probate and California probate avoidance strategies, don't hesitate to
pick up the phone and arrange for a consultation with an experienced Inland Empire estate planning
attorney.
Experienced estate planning attorneys Redlands CA of the Elder and Disability Law Firm offers estate
planning and business planning resources to residents of Redlands CA. To learn more about these free
resources, please visit http://www.san-bernardino-elder-law.com/ today.