; Understanding Probate in California
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Understanding Probate in California


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									Understanding Probate in California
Probate is the legal process that settles the property of the deceased
person and tells how it should be equally distributed among the heirs and
beneficiaries in case there is no will. The rules and regulations of
probate vary form state to state and each state can have a different
procedure and hearing process for probate. Some general guidance might be
similar in most states but it is always advised to take help of a legal
advisor in case you need to understand the probate process in your
locality. Moreover you should understand that every probate case is
different depending on the amount of money involved in it. The different
property, debts and people involved in it make the whole case different
from one other. There is no way that the rules and results of one probate
case can apply to other case. Normally people have a view point that
probate can be an ugly scene but the fact is that it can be easy if all
parties involved in it work together for a positive outcome and preserve
the memory of the deceased person.
In most cases, the property of the deceased person is transferred to his
spouse if the person has not made any will before his expiry but in some
conditions due to the parties' involved the property cannot be
transferred to the spouse directly. The probate court which hears the
matter of probate cases will get involved if there any issues relating to
the property of the deceased person. The case has to go through a legal
framework and the final order of the court has to be addressed by each
person involved in the case. Now, since every state has different law
regarding the probate so the hearings of the case in the court can be
different in each state.
If the deceased person has a will and has named a representative,all the
assets will be handled by this person unless the judge deems this person
unfit, etc.If there is no representative named in the will then the court
appoints a representative who handles the property unless the decision is
made. The appointed representative is called the administrator and has
sole responsibility of handling the property.
The Probate Process
In the initial phase the administrator opens the case in the court.
During this period he evaluates the property and collects all the
property of the deceased person. Few items which come under contract of
the deceased person are not held in probate and they pass automatically
to the beneficiary. Any bank accounts or other things which has the
clause of "payable on death" are transferred to the person named in the
contract. Only those limited property that have no clear beneficiaries
are accountable for probate process. After accumulating all the property,
the administrator sends a legal notice to all parties involved in the
case and pays all the debts and claims which remain outstanding on the
deceased name. Then the administrator distributes the remaining property
to the beneficiaries of the decedent as instructed in the court's
If there are any disputes during the process then the court hearing
decided upon the matter and the final verdict has to be agreed upon by
every parties involved in the probate process. Anyone can file the claim
on the property and if the court declines the claim then the opponent can
file lawsuit to claim the property. If the lawsuit is made then court has
to take the case more formally and this is when major problems occur
during the probate process.
Normally, probate process take a longer time and if the amount involved
is huge then the process can be more problematic. But if all the parties
involved work together to make a positive solution then probate process
can be competed easily and the property is distributed equally among the
heirs or beneficiaries.
Luis Pezzini

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