Menu Contact Law Office of Jeffrey B. Pape, P.C.
Contact a Lawyer

Beginning probate: You don't have to do this alone

When it's time to transfer a decedent's property after death, a process called probate begins. This process is fairly straightforward, but there are many steps to the process that must be performed in order. For instance, if there is a will, it's reviewed. The property of that person is collected. Debts are paid, and then the property that remains is distributed as required by the will or by law. None of this can happen in any other order than allowed by the courts.

Why? The probate process is monitored by the courts. Not all property is part of the probate process, though. For instance, if you have life insurance policies that are payable on death, those will go directly to the beneficiary. Bank accounts that are shared or payable on death are the same, converting ownership to the designated beneficiary automatically.

Assets that aren't payable on death, such as houses or material items, are part of the probate process and must be collected and secured by the executor of the estate. At that point, the executor must pay off any debts, taxes or claims that are made against the deceased. The executor typically collects dividends and all rights to income as well at this point. If there are disputes from other family members or individuals who believe they should benefit from the property, then these must be settled in court or through out-of-court negotiations. Finally, when all the above steps are settled, the property can be transferred or distributed to the heirs.

The probate process can become complicated in some situations, but you don't have to deal with it alone. Our website has more information.

No Comments

Leave a comment
Comment Information
email us for a response
Review Us
Map Location Image

Law Office of Jeffrey B. Pape, P.C.
642 Pollasky Avenue
Suite 100
Clovis, CA 93612

Toll Free: 800-797-5677
Fax: 559-299-0920
Map & Directions