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As per the dictionary meaning, the word probate has the [link widoczny dla zalogowanych] following meaning: The official proving of a will. Hence, the concept of Probate [link widoczny dla zalogowanych] arises after the death of the decedent.
In general context, Probate is considered an ugly word as the proceedings start after the death of a loved one, is costly and is time consuming. The loss of life might have happened suddenly that there was no time to do the estate planning well in advance or the people never took the time to put [link widoczny dla zalogowanych] a proper estate plan together.
In the United States of America, there are different laws in different States. Probate Law is not an exception. Every state has its own Probate Court to deal with establishing the will of the deceased person and every state [link widoczny dla zalogowanych] has its own probate laws.
Even a written WILL is not going to serve the purpose, if the property worth exceeds $150,000 or more. This limit has recently been enhanced to $150,000 from the previous limit of $100,000. This takes effect from January 01, 2012. Hence, if you have [link widoczny dla zalogowanych] an estate worth [link widoczny dla zalogowanych] $150,000 or more and you dont have your estate planned well in advance, you need to go through a full probate, which is usually a time consuming and costly process. The problems would compound, if the [link widoczny dla zalogowanych] decedent does not have a WILL too. Naturally, the probate process would become more complicated.
The probate process takes longer than most expect. This adds salt to your wounds as you are already suffering to cope with the loss of your loved ones. In California, there are numerous Probate Codes. They are quite dynamic and amendments [link widoczny dla zalogowanych] are taking place very often. The probate fees and costs also very high. The fees vary depending on the assets of the Decedent.
Depending on the size of the decedents assets there can be different probate options which might be available after death to clear title to assets. A knowledgeable and experienced California Probate Attorney will explore each of these options with you before filing with the Court. Its important to make sure you file the [link widoczny dla zalogowanych] proper probate as each one is different and has different requirements, timelines, and hurdles to jump. Additionally, each one has very different fees and costs!
In most of the cases, a general practitioner lawyer may not be able to [link widoczny dla zalogowanych] succeed. Hence, [link widoczny dla zalogowanych] it is advisable to hire an [link widoczny dla zalogowanych] attorney, who is practicing probate law to take your case to a logical conclusion. The attorney should be Certified Specialist in Estate Planning, Trust and Probate Law as determined by the State Bar of California Board of Legal Specialization. His area of Practice should focus on probate law as only a Probate Lawyer can suggest you the way to get your assets protected.
We will discuss about the California Probate Process in our next Article.
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