Probate

What Is Probate?

A probate is a court proceeding where a person is appointed as a representative of the estate of a person who has died (the decedent). The representative is given the authority to gather the assets, pay the bills of the decedent and the estate and then distribute the remaining assets to the beneficiaries under a will, or the heirs if there is no will.

Every action of the representative is subject to court approval and the representative can be held personally liable for mismanagement of the estate. The representative may be required to post a bond for the value of the estate to protect against possible mismanagement.

How Is Probate Conducted?

There are very specific and technical rules that dictate how a probate is conducted. It typically takes from 6 months to two years to "close" a probate and distribute the assets of the estate. Several court appearances are usually required.

Fees for attorneys and representatives are set out in the Probate Code and are based on the value of the assets in the estate.

Additionally, extraordinary fees are awarded in certain circumstances if the court believes they are warranted.

Can You Avoid Probate?

Probate actions can be avoided if the decedent has a living trust. Additionally, there are some procedures to administer small estates without the need for a full probate. We can assist you to determine what needs to be done when someone dies, and we can help you to prepare your own estate to simplify what will have to be done when you die.

For specific information and legal advice regarding probate, please call and schedule your free initial consultation with a Van Sickle & Rowley Estate Planning Attorney.