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Articles from the 'Probate' series


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  • Why should probate be avoided? (part 2)

    Diana Wade, LDA|Aug 19, 2023

    In the simplest cases, those in which there are no difficult creditor claims, disputes over ownership of assets or arguments against a will, probate often goes smoothly. It occurs in seven phases, and if there are no complications that require additional phases, the system proceeds as follows. 1. Locate the will. 2. Obtain certified copies of the death certificate. Banks and other institutions will want copies. 3. Probate administration requires filing a petition for probate, which usually...

  • Why should probate be avoided?

    Diana Wade, LDA|Aug 5, 2023

    The cost is the worst part of a probate. When property passes through full probate, the estate will incur attorney's fees, court costs and potentially other expenses, all of which can be quite substantial depending on the size and nature of your estate. Attorney fees are generally set by state law and are usually based on the market value of the assets in the estate being probated, exclusive of any debts or loans associated with the asset. If you own real estate in California or your estate...