FAQ About Probate

Probate can be confusing and complicated, and the process can be long and drawn out. There are many questions that can come up, which is why our law firm is here to help. Here are some frequently asked questions about probate that we are happy to answer for you.

What is Probate?

Probate is the legal process of transferring property of a deceased person, to new heirs or beneficiaries of the deceased person. This can be carried out according to the wishes of the deceased person if he or she left a will, or if not, according to the laws of the state. Probate also includes settling debts and taxes and appointing an administer of the estate.

Why is Probate Necessary?

Probate is necessary in certain circumstances to legally carry out the wishes of a deceased person who died without a trust, and to properly transfer over property and other assets.

Who Handles Probate?

If there is a will, the person who is named executor will probate the estate. The executor has the legal duty to carry out the wishes of the deceased person, according to the provisions of the will. If there is no will, the court can appoint an administrator to administer the estate according to the laws of the state in which the probate takes place.   If you have been named executor or have or need to be appointed administrator, skilled probate attorney in our Valencia or Los Angeles office, can give you advice and guide you through the probate process.

Is Probate Necessary on All Property?

Not always. For example, in California according to the California Probate Code, decedents who died prior to April 1, 2022, with estates of $166,250 or less do not need to probate the estate. For decedents who died on or after April 1, 2022, the amount is $184,500. If the estate consists of assets that are more than the prescribed amount a probate is necessary. Various property that lies outside a will, such as property owned in joint tenancy, may not have to go through the probate process either.

Our Los Angeles or Valencia probate attorneys can answer any questions you have regarding how probate works and how it may affect specific assets and properties.

Contact Kennedy Law Group, P.C.
We have offices in Valencia and Los Angeles CA. If you have any further questions about probate, we are happy to help. Contact our skilled attorneys at our Valencia or Los Angeles office and set up a free consultation today.