Probate
What is probate?
California probate law contemplates a series of different proceedings to administer the estate of a deceased person, each one separate with respect to the matter embraced within its purview; in each proceeding a final adjudication is not subject to review in a subsequent procedural stage of the administration of the estate.
The term "estate" is generally used to describe the total assets of a decedent, and is a generic term inextricably bound up with the concept of property that has been interpreted to mean property, or the degree, quality, nature and extent of one's interest in or ownership of property, real or personal. As a general proposition, California law allows a testator to dispose of property as he or she sees fit without regard to whether the dispositions specified are appropriate or fair.
What if I have a will?
Subject to administration of the decedent's property under the Probate Code, title to a decedent's property passes on the decedent's death to the person to whom it is devised in the decedent's last will or, in the absence of such a devise, to the decedent's heirs as prescribed by the laws governing intestate succession. Generally, to obtain distribution of the estate under a will, at any time after the decedent's death, any interested person may petition the court for probate of the decedent's will. A petition for probate of the decedent's will may be made, regardless of whether the will is in the petitioner's possession or is lost, destroyed, or beyond the jurisdiction of the state.[
How long is the process?
The policy of the law is to favor speedy administration and settlement of estates, whether the decedent dies testate or intestate. Dilatory procedure is discouraged and a probate proceeding is expected to move continuously and quickly to a conclusion
California probate law contemplates a series of different proceedings to administer the estate of a deceased person, each one separate with respect to the matter embraced within its purview; in each proceeding a final adjudication is not subject to review in a subsequent procedural stage of the administration of the estate.
The term "estate" is generally used to describe the total assets of a decedent, and is a generic term inextricably bound up with the concept of property that has been interpreted to mean property, or the degree, quality, nature and extent of one's interest in or ownership of property, real or personal. As a general proposition, California law allows a testator to dispose of property as he or she sees fit without regard to whether the dispositions specified are appropriate or fair.
What if I have a will?
Subject to administration of the decedent's property under the Probate Code, title to a decedent's property passes on the decedent's death to the person to whom it is devised in the decedent's last will or, in the absence of such a devise, to the decedent's heirs as prescribed by the laws governing intestate succession. Generally, to obtain distribution of the estate under a will, at any time after the decedent's death, any interested person may petition the court for probate of the decedent's will. A petition for probate of the decedent's will may be made, regardless of whether the will is in the petitioner's possession or is lost, destroyed, or beyond the jurisdiction of the state.[
How long is the process?
The policy of the law is to favor speedy administration and settlement of estates, whether the decedent dies testate or intestate. Dilatory procedure is discouraged and a probate proceeding is expected to move continuously and quickly to a conclusion