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Probate Summary

The Probate process in California is designed to primarily accomplish the following:

  1. Open Probate in Proper Jurisdiction
  2. Establish Last Valid Will of Decedent, if any
  3. Establish and Empower Personal Representative
  4. Establish Bond Amount if Necessary
  5. Determine Probatable Assets of the Decedent
  6. Determine Valid Debts of Decedent
  7. Liquidate Portions of Estate if Necessary to Pay Costs of Administration and Creditors All or Portion of Decedent’s Valid Debts
  8. Distribute Assets of the Decedent to the Beneficiaries/Heirs.

The time for a probate to be conducted varies. At a minimum, a probate takes 6-8 months, but usually goes closer to 12 months if there are no problems. If there are objections to any issue, such as those detailed above, probates can last years absent proper administration.

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Who’s Who In the Estate Planning Process

Your estate plan will require others to act on your behalf when you die or if you become incapacitated and unable to make decisions for yourself. Therefore, understanding the differing jobs in managing your estate and understanding what makes a successful nomination is critical. This is an effort to explain these issues.
Successor Trustee:
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