Understanding The Probate Process And How Long Probate May Take
A legal will in San Diego will still go through the probate process. One of the most common concerns among family members and even testators when they create a will is how long the process will take. Unfortunately, there is no one-size-fits-all answer. Instead, the probate processes length is determined by the complexity of the estate, contests to the will, and the judge overseeing the case.
To probate a will in San Diego, individuals can expect to wait anywhere from a few months to a few years to receive assets from the estate and close it out.
What Is Probate Court?
Probate court is where a judge oversees the process of settling the estate. If a valid will is in place, then the procedure is there to validate the will and resolve any disputes of beneficiaries over the last will. If the decedent died without a will or dies intestate, then the court will appoint a legal administrator to oversee the process.
Probate allows the executor to have the legal duty to administer the estate, which includes paying all debts and distributing assets associated with the estate.
How To Probate A Will In San Diego
A legal will in San Diego’s exact probate process will vary. However, there are general steps that most legal wills endure during the probate process.
A legal will must be documented and presented to the probate court. A hearing will then be scheduled to appoint the executor that is named in the will or create an administrator for the estate. The notice of the hearing must be presented to all heirs and beneficiaries of the testator.
After the executor has been selected, they must give notice to the creditors of the estate. Then, the administrator will create an official inventory of all assets owned by the deceased. Assets can include tangible and intangible property items.
If there are any contests of the will, then the probate court will oversee them. The judge will then rule on the contests. After the objections have been satisfied, the executor will be allowed to finalize the estate by paying all creditors and applicable estate taxes.
Then, the assets are distributed in accordance with the testator’s wishes in the last will.
Factors That Influence The Probate Timeline
When one probates a will in San Diego, there may be issues that arise that will decrease or lengthen the time of probate. This includes:
- Will contests.
- Complicated assets or business interests.
- Taxable estates for the federal or state tax commissions.
When A Legal Will In San Diego May Avoid Probate
There are instances where a will may avoid probate court. This involves the use of a living trust. With a trust, the estate’s assets are no longer owned by the decedent. Instead, they are held by the trust. The trust then administers the assets to beneficiaries based on the terms the deceased created within the trust.
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