Probate
Reputable Probate Administration Lawyers
During our combined 40 years of practice, we at Allen & Allen, L.L.P., have probated many estates. We are familiar with the California Probate Code and federal tax laws. It would be our pleasure to assist you in the probate process.
Probate or Trust: How to Choose
As we mentioned in the preceding section, you may avoid probate by placing your assets in a trust. Doing so avoids both the expenses and the process of probate, which averages one year, and may run longer. If you have a potential trustee, a relative or friend, in whom you have absolute confidence, a trust may be best for you. If it seems that a trust is not in your best interests then you can have a will drafted so your estate will be distributed according to your wishes durring probate.
There are benefits to probate. It brings the entire weight of the court system to bear in making sure that your last will and testament is carried out. It protects the beneficiaries. It provides a system for paying the debts of the decedent.
The Probate Process
Probate is the legal proceeding wherein the court oversees the marshaling of a decedent's assets, the payment of estate taxes and creditors' claims, and the distribution of the remaining assets. If there is a will, the assets will pass to those named therein. If there is not a will, the assets will pass to one's legal heirs as determined by state law.
Once the estate's obligations have been met, the administrator may distribute the balance of the estate to the persons entitled under the will or under law.
Contact Allen & Allen, L.L.P., to discuss your probate issues.
Allen & Allen, L.L.P.
240 Westgate Drive
Suite 241
Watsonville, CA 95076-2453
Phone: 831-768-7215 • Fax: 831-722-0347 • E-mail
