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What is Probate?

Probate is the court process of transferring assets to persons called beneficiaries after a loved one has passed away. This can occur if the decedent passed away with or without will.

Why is it Necessary?

In its simplest form, the Decedent cannot sign bank accounts, checks, deeds, notes, etc. For example, if the Decedent owned a home you would not be able to sell or refinance the property without filing for probate. The bottom line is that the Decedent cannot lawfully transfer assets to you as the beneficiary without filing for probate.

What Else Should I Know?

Probate proceedings and administrative proceedings are technical and raise a lot of different questions for someone administering the estate. For example, an executor would need advice on how and when to distribute assets and how to appropriately deal with creditors’ rights to estate assets. Moreover, there are certain legal notifications which must be published to creditors.

Court documents would need to be obtained, such as Letters Testamentary or Letters of Administration. In addition, illiquid assets may be required to be sold in order to settle the estate due to lack of funds. If you want to make an objection to the distributions, there are time factors involved in filing and objecting to claims against the estate.

How Can I Avoid Probate?

Proper Estate Planning can reduce or eliminate the need for a probate proceeding. However, this of course requires that you establish a plan before you pass away. There are a number of different ways to avoid probate, but the most common is to establish a revocable trust.

Why Ogden Law Firm, PC?

Ogden Law Firm, PC, has extensive experience in helping clients settle the estate quickly and efficiently, and in making claims in connection with a pending probate or administration. If you need the experience and assistance of a seasoned Modesto probate attorney, contact us.

Client Reviews

Attorney Daniel Ogden and his staff were such a help during my estate/will planning. I contacted a couple of attorneys and simply did not feel comfortable using them. Not so with Mr. Ogden. He was thorough and knowledgeable, making us feel very comfortable and secure in the decisions we made...

Ingrid B.

If there was ever an attorney or legal office to trust, this is it! Dont bother going around town and getting the runaround from other people who will only partially represent you or overcharge for partial services. Daniel Ogden and his amazing staff are BY FAR the most competent and friendliest...

Jeremy E.

Daniel Ogden is a first class professional who listens acutely and makes great recommendations. Updating our estate documents was executed with skill and expediency. He is a credit to our community and to his profession.

Hugh T.

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