The Probate Process in Estate Planning

An attorney with more than 30 years of experience, James Morris is the principal attorney at the Burbank Firm, LC, located in Burbank, California. James Morris has tried more than 150 cases to verdict during his career as an attorney, and focuses on estate planning, trusts, and probate.

The term “probate” may be an unfamiliar one to the layperson. In general, it describes how the legal system will process one’s estate upon their death. Probate occurs whether or not the deceased prepared a valid will. If a will exists, the document will determine what occurs during probate - how the estate will be altered, and between whom it will be divided. If a will does not exist, the probate process involves looking to the laws of the deceased’s locality to determine the division of the estate.

In the latter instance, probate is the only way the estate can be divided between its legal recipients. The probate court administers orders that allow the transfer of assets, and ensures any necessary debts are paid. Probate can also assist the family by holding potential creditors to the strict deadlines by which they must abide.

The Burbank Firm helps clients through the probate process from start to finish, managing tax issues, creditor claims, litigation, and any disagreements that may arise between beneficiaries.