Probate

Probate is the court-supervised process of administering and distributing a person’s estate after death. It is generally required when a person dies without a trust and the estate includes assets exceeding certain thresholds. Probate is administered pursuant to a will or, if there is no will, under California’s intestate laws.

In a formal probate, a personal representative is appointed by the court to administer the estate. If there is a will, the personal representative is called an executor; if the person died intestate, the personal representative is called an administrator. Their duties include collecting and appraising assets, paying debts and expenses, filing required tax returns, and resolving any disputes. At the conclusion of the process, the personal representative provides an accounting, and upon court approval and order, the remaining property is distributed to the decedent’s heirs or beneficiaries.

In many cases, alternatives to formal probate may be available. Smaller estates may qualify for simplified procedures, including the use of a small estate affidavit. In addition, assets that were intended to be held in a trust may, in some situations, be transferred into the trust after death through an abbreviated court procedure to avoid probate. Other alternatives may be available depending on the circumstances.

Hempel & Mudd Law can evaluate the estate to determine whether a probate is required and whether any alternatives are available. If probate is necessary, we can guide you through the process efficiently while minimizing delay and unnecessary expense.

Grieving the loss of a loved one is never easy. We understand the process can feel overwhelming, and we strive to handle every probate with care, efficiency, and sensitivity so that you can focus on what matters most.