Probates & Estates

Probate is the legal proceeding that transfers assets from a decedent to their heirs. When a person dies, someone must act as a representative of the decedent's estate. That person is usually called an Executor or Executrix (Executor = man, Executrix = woman). This person is responsible for finding out what the decedent owned at the time of death (her or her assets), taking control over the assets of the decedent, identifying all the debts of the decedent, pay the debts with the assets (selling some assets if necessary), and then distribute the assets according to the Will of the decedent or according to the law if there is no Will.

Probates & Estates Frequently Asked Questions

Do I need to probate my spouse's estate?

This depends significantly on the assets and value of the decedent's estate. It will also depend on whether or not the decedent was married at the time of their death and, if so, whether a community property agreement was executed before death. Generally speaking, if real property is involved or the estate exceeds $60,000, the estate will have to be probated. Suppose the decedent was married, the spouse survived the decedent, and the spouse and decedent entered a community property agreement. In that case, it may be possible for the spouse to either probate the decedent's estate or take the decedent's estate under the authority granted by the community property agreement if such authority is part of the community property agreement.
What is probate?

Probate is the legal action that determines the assets of the decedent at the time of their death, the creditors of the decedent, payment of the decedent's debt, and distribution of the decedent's assets to their heirs.
How long does it take?

The estate must remain open a minimum of 4 months but may remain open for a considerably longer period depending on the facts and circumstances of the estate.
What does probate cost?

This depends on the complexity of the estate, and, of course, different attorneys charge different rates. Typically a probate cost will arrange from a few thousand dollars to ten thousand or more, mainly if the estate is rather complicated.
Are my assets frozen during probate?

Generally, not, it is certainly possible to make partial distributions while the probate is pending in court. The estate assets, whether the decedent signed a Will, and the number and types of heirs all influence whether partial distributions can be made during the probate process.