What is Probate?

p>What is Probate?Nobody voluntarily chooses probate. People are too busy orpreoccupied with health or other issues to plan. They pass awaywithout a living trust and their heirs----usually theirchildren---- find that they can't sell Mom or Dad's housewithout a court order or can't transfer Mom or Dad's bankaccount without court approval. Even with a will, they may beforced to file a probate proceeding.Alternatives to ProbateBecause probate is expensive and time consuming, a responsibleattorney first tries to determine if there is an alternative toprobate. In California, the most common alternatives to probateare a Spousal Property Petition if there is a surviving spouseor a small estate transfer if the value of the estate is lessthan ,. If these and other alternatives to probate areunavailable, then the only recourse for the decedent's heirs isto file a probate proceeding. Cost of ProbateAttorney's fees and costs are set by law in California and arebased...