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What if a person holds property in another state? If you own real estate in another state, that property might have to go through probate in that state, in addition to a probate in your primary state of residency. This is known as an "ancillary" probate. With a living trust you can avoid these multiple probate proceedings and have that property pass to your beneficiaries according to the terms of your trust directly without the additional costs and delays of an ancillary probate. In addition,...
Probate is a legal proceeding that is used to wind up a person's legal and financial affairs after death. In California, probate proceedings are conducted in the Superior Court for the county in which the decedent lived, and can take at least eight months and sometimes as long as several years. Only assets titled solely in the name of the decedent will be subject to probate. During probate the court must determine the validity of your will and/or your testamentary trust, supervise an inventory...
reprinted from Estate Planning - CALDA Diana Wade has been writing for The Loop newspaper since 2010 in her Ask the Advocate column. Although Diana has been a Disability Advocate for 26 years, she has also been a paralegal since 1980, when she received her Certificate from CSU Dominguez Hills, and a document preparer since 1990. Currently she is a member of the California Association of Legal Document Assistants (CALDA), previously known as the California Association of Independent Paralegals...