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When do I need to go through Probate?

Leaving a will behind when you die is the responsible thing to do. But leaving a will, doesn’t always mean that there’s no need for probate. An estate may undergo formal probate for many reasons including when a will is contested, unclear, or invalid, or when the assets are held only in the deceased’s name. And when there’s no will, probate is often required to oversee the distribution of the deceased’s property. As a general rule, you’ll want to avoid probate if possible. Unfortunately, there are situations where you don’t have a choice. Let’s explore those situations that determine when you have to go through probate.

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Is initiating Probate necessary here in Irvine?

Generally, if someone wants to avoid probate and makes plans during their lifetime, then their estate will not be subject to probate. However, if they have not made those plans, then there simply is no other option. No one else has the authority to transfer the property until they get a court order and the only way to get that court order is through the probate process. Therefore, in the grand scheme of things, no, probate is not necessary. However, there are exceptionally rare cases when someone’s estate would have to be probated even if they had a proper plan in place.

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How do I start the probate process in Irvine?

The probate process in Irvine takes place after someone dies. Depending on the size of the estate, the process of probating an estate can be surprisingly quick and simple to complete. However, for more substantial estates, the probate procedure may be lengthy and more complicated. Call the legal professionals at Irvine Probate law, we will be glad to help you Initiate Probate here in Irvine.

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Who Can Initiate Probate?

When a loved one dies and probate is necessary, what happens? Who begins the process, and how?

If there is a will, whoever has custody of the will should first deposit the will with the probate court in the county where the decedent lived.  This is supposed to be done within 30 days of the decedent’s death. It’s best to call Irvine Probate Law to get help Initiating Probate.

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I need help Initiating Probate, will Irvine Probate Law help me?

Yes, our Best probate attorney will help you Initiate Probate. To start the probate process it is necessary to file a petition with the superior court in the county where the deceased person lived at the time of death. This petition is set for hearing approximately 30 days after it is filed with the court. Call Irvine Probate Law today!

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How do I file a petition in Probate Court. Can your Probate Attorneys help me?

Probate is a legal process where the court oversees the dispersal of the assets and payment of any debts for the deceased person. Probate isn’t always needed when someone dies, but it’s required most of the time. Whether probate is necessary depends on state law, which can vary by state. Much of the time, the law allows for certain estates to bypass probate as long as they don’t exceed a certain dollar amount in value. Some states allow for informal probate, which means the executor of the estate takes care of most tasks without direct approval of the court. In other cases, an affidavit may be used in place of probate.

For other estates, they must go through probate before the heirs can receive ownership of the assets. If all assets are part of a living trust, probate won’t be necessary. The same situation occurs if all the assets have listed beneficiaries. Anyone who is the executor of an estate or the personal representative can talk to an estate attorney to find out if their estate must go through probate. Contact Irvine Probate Law today!

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I need help preparing the petition for probate.  Can Irvine Probate Law help me?

Yes, the best Irvine Probate Attorney at Irvine Probate Law will be glad to help you. If you are named in a Will to act as executor, you will be eligible to serve if you are over 18 years old and are not subject to a conservator-ship or otherwise unable to perform the duties of a personal representative.

If you are not named as executor, or if the decedent did not have a Will, you must also be a resident of the U.S. and have priority to be appointed as administrator (if there is no Will) or administrator-with-Will-annexed (if there is a Will but you are not named as executor).

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Who Must Petition the Court for Probate?

Losing a loved one is a sad and difficult time for family, relatives, and friends. In addition, those left behind must often figure out how to transfer or inherit property from the person who has died. The property that a person leaves behind when they die is called the “decedent’s estate.” The “decedent” is the person who died. Their “estate” is the property they owned when they died.

Contact Irvine Probate Law to get all the help you need when working with your probate proceedings.


I need help to Probate A Will, can Irvine Probate Law help me? What does Probate of Will mean? To “probate a Will” or do a “probate of Will” or “probate estate” means that you take the Will of an estate through specific steps in a specialized California Probate Court before distributing the assets. The steps in the California probate process are clear, but the steps are also numerous—and like most legal processes, everything has to be done just right, and in just the right order.

Definitely, We will gladly help you Probate A Will, contact Irvine Probate Law first thing.


How do you Probate A Will in California?

You’ve lost a loved one, and now it’s time to think about moving their assets, their homes, their cars, and other goods on to their heirs: a group which may well include yourself. Unless it’s your spouse who passed, or unless assets are within PODs (Payable on Death accounts) or a valid Living Trust, you will likely have to complete this process through California Probate Court. Contact Irvine Probate Law when you need to Probate A Will.

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