Do You Really Want Your Estate To Be Probated?
You may think that the simplest solution for stating your final wishes is the execution of a last will. In
fact, depending on the circumstances your desire for simplicity may not be best served by the
utilization of a last will as a vehicle of asset transfer.
Probate is briefly defined as the legal process of estate administration. When you use a last will to
state your wishes, things don't simply take care of themselves privately. The probate court in the
jurisdiction that is local to the deceased will step in and supervise the administration of the estate.
The probate court is going to charge a fee that is tied to the value of the estate. Anyone who wanted
to contest your wishes could present arguments before the court. Additionally, entities that may have
claims against the estate can attempt to gain satisfaction during probate.
The rightful heirs to the estate do not receive their inheritances while the estate is hung up in probate.
Exactly how long the process will take varies depending on a number of different factors. In
complicated cases, probate can take multiple years; for example, the Anna Nicole Smith case took 15
years to reach a resolution.
The best way to decide how to transfer assets to your loved ones is to seek out professional advice.
Should you be interested in doing just that, the first step is to reach out and make an appointment to
speak with a licensed and experienced San Jose estate planning lawyer. Your attorney will evaluate
your unique situation and provide you with the best possible legal advice.
Experienced estate planning attorneys Campbell CA of the Law Office of Roy W. Litherland offers
estate planning and business planning resources to residents of Campbell CA. To learn more about
these free resources, please visit www.attorneyoffice.com/ today.