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The probate process seems, to many outside the legal world, to be a long, drawn-out and expensive process for settling a deceased person's affairs. Many times, the probate may be fairly straightforward and not require an attorney, however, only you can determine if you need to consult a probate attorney to review your case. The information provided here is not legal advice and is only meant to give you an overview of the process.
What is Probate?
The term probate means "to prove" the will through a proceeding that usually occurs in court. However, a will does not always exist (or is not available) and laws are established in each state to deal with the orderly distribution of assets to those who are entitled to inherit them.
What is Involved in Settling an Estate?
Please go to the Executor page for a detailed description of the duties and liabilities of the personal representative. Basically, the Executor or PR (personal representative):
- Determines what personal property and real estate (if any) is owned by the deceased person;
- Pays any taxes or debts that the deceased person may owe (including costs of doing probate); and
- Distributes to the rightful beneficiaries all real and personal property which remains.
This property is said to be owned by the "estate" of the deceased person and must remain so until the judge or other court-appointed person says it may be distributed. However, it is often necessary to sell the property in order to satisfy the debts of the estate to close the probate. If you have a property that you need to sell please contact us for immediate assistance at (949) 375-2775 or email us at gregbelous@prodigy.net
How Long Does It Take to Settle an Estate?
The entire probate process will differ from state to state and the size and complexity of the "estate." In some states, small estates may even avoid a formal probate; however the debts must still be paid. The minimum time an estate will likely be open is probably from six months to a year, often more, depending on the complexity of the estate.
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Probate Specialists
