logo 1

What Is Probate, And When Is It Necessary?

Probate is a court proceeding where a Will’s authenticity will be validated. A judge will review the purported Will and ensure that it is indeed created by the testator (the person who died) and that the Will was prepared following the requisites provided by law.

In California, a Will must be signed by the testator, and there must be at least two witnesses for it to be valid. The signing must also be done in each other’s presence. The Will does not have to be notarized.

Probate is necessary if the decedent executed a Will. Probate may be required if the decedent passed without a Will.

If your Will applies to a given asset, then distribution of that asset to your intended heirs will be delayed by the probate process. Depending on what happens during the probate process, a given asset may not ultimately be distributed as you intended.

A RLT, however, does not have to be probated. Assets placed into a RLT therefore bypass probate, allowing them to be transferred to the intended beneficiary much more quickly and without interference—according to the terms of the Trust.

Share This Blog

Ask A Question,
Describe Your Situation,
Request A Consultation

Call (510) 794-2887 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

Contact Form
* Required Fields
Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your questions or to schedule an appointment if requested.

Follow Us On

Questions or Schedule An Appointment? Click to Call (510) 794-2887
Questions or Schedule An Appointment? Click to Call 
(510) 794-2887

Contact

Anthoor Law Group,  
A Professional Corporation

Estate Planning

Hours of Operation

Mon-Fri: 9am – 6:30pm

Anthoor Law Group, A Professional Corporation a law firm, is conveniently located in Fremont, California. We are committed to providing each of our clients with the highest quality of legal representation possible.

join-team-icon 1

© Copyrights 2024. Anthoor Law Group, A Professional Corporation. All Rights Reserved.

Powered by Green Cardigan Marketing

Sitemap

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.

510-880-1950
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram