Article: What Is Probate?
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What Is Probate?
What is Probate?
Nobody voluntarily chooses probate. People are too busy or preoccupied with health or other issues to plan. They pass away without a living trust and their heirs----usually their children---- find that they can?t sell Mom or Dad?s house without a court order or can?t transfer Mom or Dad?s bank account without court approval. Even with a will, they may be forced to file a probate proceeding.
Alternatives to Probate
Because probate is expensive and time consuming, a responsible attorney first tries to determine if there is an alternative to probate. In California, the most common alternatives to probate are a Spousal Property Petition (if there is a surviving spouse) or a small estate transfer (if the value of the estate is less t...
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