First of all, what is probate? According to an online definition, this is an official proving of a will. When someone with an estate or assets dies, his assets will be transferred to his beneficiaries. The process is called probate as this involves a will. It is important that the validity of the will be proven or if found out that the will is fabricated, or if there is no will, then the court will take over and will be the one to distribute the assets to the remaining relatives of the decedent or the deceased.
Whether there is a will or not, an executor will always be part of the equation. He can be the personal representative hired by the deceased or an appointed person by the court. It is the responsibility of the executor to ensure that the assets of the deceased will be distributed according to the law of the state where the deceased last lived. However, before such assets will be distributed to the remaining relative of the decedent, all debts must be paid first and then the executor will be the one to decide which assets will go through probate.
If there is a will and you are one of the named beneficiaries, you have the right to hire a Temecula probate lawyer so that the government cannot take over. You have to prove the validity of the will with the help of your hired probate lawyer. This is why, it is quite important that a will must be made and it is likewise important that there is a competent probate lawyer to guide the probate procedure.
There are ways to avoid a probate proceeding though and one way to do it is by creating a living trust. This can protect one’s assets and properties from probate and the beneficiary of the living trust will then acts as the owner of all the entrusted properties and assets. Establishing a living trust will not only prevent probate but at the same time, it can also protect the assets and the properties from being liquidated because of debts incurred by the deceased.