When a person dies, someone must step in to
wind up the deceased person's affairs. Bills must be paid,
property must be accounted for, and items must be passed on to the deceased
person's next of kin.
In California, if the decedent's total assets
are valued at $100,000.00 or more and there is no will or trust,
the entire estate must enter probate court
proceedings.
Probate Court is a Court of General
Jurisdiction which includes, but is not limited to the following
proceedings; decedents' estates, trust proceedings, guardianship
proceedings, conservatorship proceedings and minor's compromises.
If the estate is required to be handled through probate court proceedings, the process
can take many months and can be very costly. Often, the cost
of the probate itself will cause the asset to be lost to the
state.
If, however, before his or her death the
deceased person took steps to avoid probate, the whole process
will be quicker, easier and much less costly.
Because probate is time-consuming, very expensive
and usually unnecessary, many people plan in advance to avoid it.
There are a number of ways to pass property to your inheritors
without probate. Some of these probate-avoidance methods are quite
simple to set up; others take more time and effort.
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