Is Probate Such a Terrible Thing? | Probate Lawyers In The Bay Area

Probate attorneys in the Bay Area are well aware of how difficult the process can be for families and friends who are grieving, for those who value privacy, and even for those who need to get an estate closed to pay off debts and take care of other obligations.  Day in and day out, probate attorneys hear about the downsides of probate.

What Is Probate

Probate is a process used by courts in California, as well as across the country, to settle the affairs of a deceased person.  This legal process ensures that the estate meets its obligations and that its assets are distributed fairly according to the law.  Technically, “probate” refers to the settling of an estate according to a will, but when someone dies intestate (without a will), most people still refer to the process that follows as “probate.”  There may be a few slight differences between the processes, but they are very, very similar.

Why Do People Avoid Probate?

There are a few reasons that people want to avoid the probate process, and they’re good reasons most of the time.  Examples include:

• It can take a long time.
• It can cost a lot.
• Everything is in public records.

Individuals who engage in solid estate planning before death are often able to take care of the estate better than those who die intestate, or even those who only use a will.  For example, a Probate attorney in the Bay Area can help determine when a certain kind of trust could be used to avoid paying more taxes than necessary after death.

When Is Probate a Good Thing?

While many people have been conditioned to think that probate is a terrible thing, probate lawyers in the Bay Area see plenty of cases where it is quite beneficial.  For example, it may be quite difficult to track down all the creditors owed by an estate.  By following the legal procedures, there is eventually a cut-off date for any unascertained creditors.  This keeps creditors from coming back months [GB1] later and demanding payment.

Probate can also be helpful in cases where beneficiaries are receiving disproportionate inheritances.  It provides an opportunity for parties to make their claims and legally resolve any disputes.  Probate lawyers in the Bay Area often see how having this type of forum can lessen tempers while making sure that all parties can be heard before acting.

So, while you will generally hear about why you want avoid probate, it’s good to remember that it certainly has its place in the judicial system.  Should you find yourself facing probate, probate attorneys in the Bay Area are skilled at helping move the estate through the process as efficiently as possible.

May 12th, 2014 Posted to Probate | Comments (1)