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Home » Article » LA Probate Law Explains Probate Law

LA Probate Law Explains Probate Law

December 15, 2015Article

LA Probate Law Explains Probate Law

After a person dies, ownership (the legal title) of his or her property, assets and personal effects must be passed on (legally transferred) to the beneficiaries (heirs) listed in the Will. If there is no Will, the persons receiving assets are designated by State law. “Probate” is the legal name given to this process say LA Probate Law. The Will must be verified as the valid, final dispositive statement of the decedent (the official record of the deceased person’s final wishes). The Will generally names the person or institution appointed to administer (manage) the probate estate process. When there is no valid Will, State law governs who receives the assets of the deceased. The term “probate” is also used in the larger sense of “probating the estate”.

 What Happens in Probate?

The probate process may be contested or uncontested. Most contested issues generally arise in the probate process because a disgruntled heir is seeking a larger share of the decedent’s property than that he or she actually received. Arguments often raised include: the decedent may have been improperly influenced in making gifts, the decedent did not know what they were doing (insufficient mental capacity) at the time the will was executed and the decedent did not follow the necessary legal formalities in drafting his or her will. The majority of probated estates, however, are uncontested explains LA Probate Law. Basic Process of Probate Estate is collecting all probate property of the decedent; paying all debts, claims and taxes owed by the estate; collecting all rights to income, dividends, etc. settling any disputes; and distributing or transferring the remaining property to the heirs.


How Long Until Heirs Receive their Distribution?

The probate process and distribution to the heirs can be as short as 6 months and as long as two to four years depending upon the State laws regarding creditors’ claims, whether there is property to be sold, whether there are tax liabilities, whether there are disputes among heirs, and congestion in the State courts expresses LA Probate Law.

Probate Administration

Today the probate process is a court-supervised process that is designed to sort out the transfer of a person’s property at death. Property subject to the probate process is that owned by a person at death, which does not pass to others by designation or ownership (i.e. life insurance policies and “payable on death” bank accounts). LA Probate Law says a common expression you may have heard is “probating a will.” This describes the process by which a person shows the court that the decedent (the person who died) followed all legal formalities in drafting his or her will. What is often taught about the probate process is how to avoid it. The movement to avoid probate is primarily motivated by the desire to avoid probate fees. It is, in fact, quite possible to avoid the probate process completely. There are three primary ways to avoid probate and its protections: joint ownership with the right of survivorship, gifts, and revocable trusts. The probate system, however, exists for the protection of all the parties involved and the focus of this article is what occurs in probate.

LA Probate Law Explains Probate Law

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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