Common Probate Questions and Answers

Navigating probate court can be overwhelming, especially when emotions are high after the loss of a loved one. At the Law Offices of Alice A. Salvo, we’ve answered thousands of common probate questions to help clients gain peace of mind, protect their loved ones, and move forward with confidence.

1. What is Probate?

Probate is a court-supervised process for transferring ownership of a person’s assets after death. This process confirms the person’s will and distributes property in accordance with the will. If the decedent died without leaving a will or other legal paradigm for transferring assets, the estate may still go through probate.

The purpose of probate is to safeguard the rights of heirs, beneficiaries, and those with a stake in an estate. Probate also ensures that debts, taxes, and claims against probate estates are settled before distributing personal property or real estate.

2. What if a Loved One Dies Without a Will or Trust?

If a person dies intestate (without a will or a trust), the decedent’s property is distributed to the decedent’s closest relatives (heirs) in the order that the state deems appropriate. For example, real estate that is not jointly owned must go through probate before being passed on. This can delay the transfer of assets and may require the sale of property to satisfy creditor claims.

3. What is The Purpose of a Personal Representative?

The executor/trustee is in charge of collecting the estate’s assets and creating an inventory of the property. If a deceased individual has debts owed, the executor/trustee is in charge of collecting money from the estate, settling debts/expenses, and distributing the remaining assets in accordance with the will (or intestate, according to California statutes). Before distributing residual assets and terminating the estate, the executor/trustee may need to liquidate or sell assets to settle debts.

This person plays a central role in working with the probate court to complete all necessary filings. An experienced probate attorney can provide invaluable support during this process.

4. Who is the Personal Representative Exactly?

Subject to certain constraints, the personal representative might be an individual, a bank, or a trust corporation. Personal representatives can be either California residents or spouses, siblings, parents, children, or certain other close relatives. A personal representative can be a trust business formed under California law or a financial institution that functions in California.

The court will evaluate their eligibility and appoint someone qualified to handle the decedent’s affairs.

5. What Happens During Probate?

While no two probate processes are identical, the following are some common obligations of an executor/representative:

• Estate possessions: Identifying, finding, safeguarding, and evaluating your loved one’s estate assets should begin as soon as possible following their death. You must next ensure that the residual assets are legally transferred to the beneficiaries and/or legal heirs.
• Creditors: You must tell creditors that the probate procedure has begun, and you must evaluate any creditor claims.
• Litigation: If someone disputes the Will, you must defend it through the legal system.
• Taxes: Federal gift and estate taxes, as well as an estate tax return, must be computed and paid.

If you’re wondering what questions are asked at a probate hearing, they often involve verifying the executor’s identity, the existence of a valid will, the full inventory of assets, and notices to creditors and heirs. These probate court questions ensure a smooth and transparent administration.

6. Is Probate Necessary?

Whether probate is necessary depends on the type and value of assets left behind. We invite you to contact our estate planning attorneys to explore probate alternatives such as:

• Developing trust: A trust’s assets do not need to go through probate at all.
• Account designations: By designating bank accounts as “payable on death” or “transfer on death,” a chosen beneficiary has no legal ownership stake in the account or asset while the owner is still alive.
• Choosing the proper sort of joint ownership: If your property is listed as joint owners “with rights of survivorship,” it means that it will be passed to the remaining co-owners without going through the probate process.
• Using life insurance: Life insurance proceeds are also exempt from the probate process.

These tools can help you protect your heirs and beneficiaries from long delays and excessive costs.

7. Is the Help of a Lawyer Necessary?

Yes. Probate is a complex legal process that can be difficult to manage alone. The Law Offices of Alice A. Salvo highly recommends hiring an experienced probate attorney. If you’re wondering which questions to ask a probate attorney, consider asking about fees, expected timelines, tax implications, and how to reduce probate court delays.

Our firm will draft the documentation needed to open and close the estate, file necessary reports, and provide guidance every step of the way. Whether you’re navigating a small estate or a more complex situation, we’ll help you avoid costly errors and give your family the peace of mind they deserve.

Call us today or fill out our online contact form.