At Lopez & Wilmert, our probate and estate lawyers are here to help you navigate the intricacies of your estate to prepare for when you pass and support your family through that process after you’re gone.
Part of the process of executing your will and dividing your estate involves a process called probate. Read through today’s post to learn more about probate and the benefits of writing a last will and testament or creating a trust. Contact Lopez & Wilmert, LLP in San Diego County today to request a consultation and help prepare your property and family for when you’re gone.
What Is Probate?
Probate is the legal process that happens after a person passes to help determine the status and future of their assets. Through this process, that person’s possessions and property will be given to the correct people, following what is documented in a will or according to law.
If that person died without creating a will, probate will help determine — according to existing law — how that person’s assets will be distributed. This process can take longer since different disputes and problems might arise that a will would have taken care of.
But that doesn’t mean that a will doesn’t have to go through probate. If a will was created before that person’s passing, the probate process will be used to help ensure that everything from that will is executed properly and without disputes.
The Role of a Will in Probate
It might be confusing to hear that, even if a will was created before that person’s passing, a will will still need to go through probate. That’s because probate works to supervise the distribution of property and goods. On top of that, probate can handle any disputes or problems that might arise from the will.
As we already mentioned, probate can take some time if there is not a will. But having a will from the deceased helps make the probate process move smoother and faster since that person has already laid out a plan for all their possessions and property. This way, probate will look at the debts that need to be paid, inventory all of that person’s assets, and then distribute the remaining assets according to that person’s wishes.
While some people are planning for their estate, however, they might look for alternatives that avoid the probate process — like a living trust.
Trusts and Probate Law
While wills must go through the probate process, a living trust can help you avoid probate. These trusts, created while that person is still alive, are used to place all of these assets into an account overseen by trustees. This means that, after that person passes, those appointed trustees will then take over control of that living trust.
Contact Us for a Consultation
If you want to learn more about creating your last will and testament or a living trust, meet with a team of estate and probate lawyers. Work with the experts at Lopez & Wilmert, LLP in San Diego County today!
While you’re here, take some time to look through our blog and learn more about our estate and probate law services: