We work hard every day to provide for our family, but we also got to plan about our family’s future to ensure their safety when we won’t be there for them. This is why the law introduced the concept of will and probate. A will is a document that describes your wish of handing over your prized possessions to one or more persons as a gesture of your love and appreciation. While this is known to many, the concept of probate remains a mystery for some. Here are common questions about it answered by a probate attorney in Carlsbad CA for you:
What is a Probate?
After a person passes away, there has to be a legal document or ‘grant’ that the court has to provide before sharing the assets amongst the beneficiaries. This document or grant received and its associated process is known as probate. This also involves handling the legalities relating to income tax, and a probate attorney in Carlsbad CA will assist you with it.
Is Probate Really Necessary?
Yes. Here’s why:
If the deceased had a property under his or her name, with no other joint holders, the property has to be probated and released out of the deceased’s name, to hand it over to the recipients.
If the deceased owned a property as an occupant and shared with someone else, then the partner has to go through probation to get themselves out of the owner’s name and moved to the recipients.
Where Does the Probate Process Take Place?
The process is usually held in the county of the state where the deceased was domiciled at death. However, if the person owned several properties in different states, and they have been passed as per their will, the probate process will take place in each county of state where the property is located.
How Long will the Process Take to Complete?
This depends on various factors:
There are times when you’d want to make urgent meetings with the Carlsbad probate attorney and your personal representative. If prompt discussions are made, the process would be complete on time.
If there are more beneficiaries living far from each other, the process might get delayed when meetings are not held frequently.
If the estate involves an interest in family business, things might get complicated, thus requiring more time.
What Kinds of Possessions go through Probate?
Any possession that doesn’t go through a separate contract will be applicable to pass through probate. For some, nearly all of the assets might go through the process and passed on to your heirs. Some examples include furniture, jewelry, bank accounts, clothing, real estate properties, automobiles, and other assets.
These are some of the fundamental concepts about probate. For more details and assistance, get in touch with an estate planning law firm in Carlsbad CA today.
Rassman Law 