(916) 631-1996
2377 Gold Meadow Way, Suite 100, Gold River, CA 95670

FOLSOM PROBATE ATTORNEYS GRANITE BAY

PROBATE

Folsom Probate Law Attorneys

We offer customized legal solutions that take our client’s needs and objectives into account.

Dependable and Understanding Sacramento Probate Attorneys

What Does Probate Mean?

The term “probate” refers to the process of the court supervising the legal transfer of property from the estate of a person who has died (also known as the “decedent”) to his or her beneficiaries. Any property subject to the authority of the court must pass through probate in order to be distributed. A decedent’s heirs may utilize the probate process to transfer property or to set a deadline for creditors to file claims on debts owed.

The following are typical examples of when court forms

and/or appearances may be necessary:

  •  In order to establish that a Will is valid
  • For the appointment of a legal representative, such as an Executor or Trust Administrator
  • To identify and appraise the decedent’s property
  • In order to pay estate taxes and debts of the decedent
  • For the distribution of property according to the terms of the Will or to the decedent’s heirs

There are several instances where probate is not necessary, including where a decedent does not have any property to transfer and where assets are distributed outside the probate process. Most bank accounts allow for a beneficiary to be named through a payable-on-death (POD) clause, as do other accounts, such as a 401(k) or a life insurance policy. These types of accounts, along with any assets held in a living trust or with a right of survivorship, avoid the probate process entirely.

If you have questions about probate, please contact our office at (916) 631-1996 for a free consultation.

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