Those in California who create an estate plan to take care of their wishes may not know that even with that in place, probate still happens. It is a process that ensures your wishes take top priority as well as ensuring those who hold claims, like creditors, get their chance at repayment.
The probate process may seem tricky, but that is not necessarily the case. Your appointed representative does not have to walk through probate alone. The team here at Burkhalter Kessler Clement & George LLP wants to assist in your understanding of the procedure. Discover how having an ally through probate may make it easier.
The personal representative role
When you create your estate plan, you need to think of a personal representative. This person should have the ability to take charge of matters and get the court probate process started. Opening probate consists of notifying the court of your death and the existence of a will. The court then reviews the will and allows the process to move forward into the next and most critical stages.
Divvying up the work
The representative must take a full inventory and accounting of your estate. This process can become time-consuming and bog the person down. Therefore, if you wish to include a provision that your representative can have help from the law firm that drafted your estate plan, you should do so. Another option is appointing the firm as your representative. In this way, your family can focus on the emotional toll your death takes rather than worrying about a legal process.
Regardless of the choice you make, you should share your wishes with your closest family members, so there are no surprises. If you wish to explore this issue more fully, explore our website.