Probate is the legal process wherein the estate of a decedent is administered in the local probate court.  The amount of court supervision depends upon the assets of the probate estate.  Assets actually held in a Trust generally will not be included in the Probate.  Assets not held by a trust will be included in the Probate. 

Generally, the Probate process involves collecting the decedent’s assets, liquidating liabilities, paying taxes and distributing to heirs. 

If the decedent had a valid will, the estate is disposed of according to the will.

If the decedent did not have a valid will, the state is disposed of under the intestate succession provisions of the Probate Code.

Whether or not probate is necessary depends upon many factors.  Not every estate is administered in probate.  Small estates or estates that are held in trust may not require any probate action at all.  Property held in a trust is generally not a Probate asset.

The administration of a person’s estate will take months or even years in complex or contested probate actions.    

Please call my office if you have experienced the loss of a loved one and are wondering what to do.