What happens if you don’t do probate

You probably have questions regarding “probate” and what should happen if you don’t probate the Will. What are the consequences of not probating an estate?

Let’s go over what is probate, and the overall breakdown and what happens during the probate process. Moreover, learn how to keep yourself out of probate!

What Happens if you don’t do probate in California

You probably have questions regarding “probate” and what should happen if you don’t probate the Will. What are the consequences of not probating an estate?  

Let’s go over what is probate, and the overall breakdown and what happens during the probate process. Moreover, learn how to keep yourself out of probate! (click here)

To summarize, probate is a public affair. Want to keep your family estate private? Learn about Trusts.

What does probate mean | Probate definition

In simple terms, when a person dies (decedent), they have either created a will or a trust vehicle or died without one. If they died without a will or trust, they would have died intestate. (learn more about dying intestate). If, however, the decedent left a will, there will be an executor chosen by the settlor (decedent).   

What is the purpose of probate

When a settlor leaves a Will in the state of California, it’s essential to probate the Will. The settlor’s wishes are to pass their inheritance to their beneficiaries. The purpose of probate is to stay compliant in the eyes of the courts is caught up with any taxes, debts, and any other potential litigious issues before distributing any assets of the estate.

Key take away: If the executor/executrix distributes assets before finalizing the estate, it can come to haunt them in the form of paying the IRS, for example, should the estate owe back taxes and there are no assets to sell.

Probate is the method in which the court supervises the managing of an estate, ensuring all debts are paid, taxes up-to-date, and the proper distributions are made.

Can an estate be settled without probate

Yes, an estate can be settled without probate but by the use of a living trust. A Trust, similar to a will, determines the vesting of the assets to the beneficiaries. There are significant differences, however! (Trust vs. Will)

What if an executor does not probate the Will

Now, if the decedent left a will, it must go through probate and must adhere to all court proceedings in terms of the probate administration process. Should the executor not fulfill their role, the beneficiaries can compel the court to have them act; otherwise, they will be removed.

Moreover, if there are titles to vehicles, properties, etc., probate is the only answer to distribute assets if there was a will or no will at all (dying intestate).  

 

 

About Hess-Verdon Trust Litigation Attorney Serving Orange County, California Families

Hess-Verdon & Associates is one of the most knowledgeable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.

Our legal team of Trust Attorneys in Orange County is well-versed in estate planningtrust administration, and trust litigation.

 Our viewpoint is the following: Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax and estate planning strategies.

Our litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case. 

We welcome the opportunity to discuss your needs, qualifications, staffing approaches, and rate structures to resolve the estate and trust-related matters successfully. Our knowledgeable and aggressive actions are necessary to ensure the trustor/grantor maintains their wishes on the administration of the trust.

About Hess-Verdon Trust Litigation Attorney Serving Orange County, California Families

Hess-Verdon & Associates is one of the most knowledgeable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.

Our legal team of Trust Attorneys in Orange County is well-versed in estate planningtrust administration, and trust litigation.

 Our viewpoint is the following: Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax and estate planning strategies.

Our litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case. 

We welcome the opportunity to discuss your needs, qualifications, staffing approaches, and rate structures to resolve the estate and trust-related matters successfully. Our knowledgeable and aggressive actions are necessary to ensure the trustor/grantor maintains their wishes on the administration of the trust.

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