Many surviving loved ones appreciate when a family member has created a will. This and other estate planning documents can make settling the estate easier, but it is important that the will is valid. In fact, ensuring the validity of the will is the first step of the probate process.
Settling a person's final affairs after his or her passing can be a difficult experience. Those individuals close to the decedent may have many questions about what will happen to remaining assets and other factors associated with the estate. Typically, probate will focus on handling these remaining affairs, but not every asset has to go through probate.
Acting as the executor of an estate is not an easy task. Because it's a complicated endeavor, it is often useful for the executor to know about the role and the required duties before the time to probate the estate comes about. In fact, it is can be useful to gain certain information before the testator passes away.
For California residents who have never had a close loved one pass, they may think that surviving family members still gather in a room and hear someone reading the deceased's dying wishes. While the reading of the will sometimes still takes place in fictional settings, it is not an action that happens in reality anymore. Instead, copies of the will are typically provided to applicable parties in association with the probate process.
Many California residents expect some type of inheritance after a close loved one passes away. If these individuals are not acting as the executors of those estates, they may not fully understand when asset distribution will take place. Distributing assets is part of the probate process, but it typically comes as one of the last steps. However, beneficiaries must still be notified of the proceedings.
The death of a loved one can make emotions run high. If a family already has a tendency toward conflict, it may be even more likely that disputes will occur because they are in such an emotional state. In some cases, probate proceedings can become tense due to difficult family relationships.
After a close loved one's death, especially a parent, surviving family may be uncertain about how to handle certain tasks. Certainly, handling the funeral and related duties take top priority, but afterward, many aspects of closing a California estate need to be addressed. Typically, this happens through probate, but adult children may not know when or how to take action regarding their parents' finances.
After the passing of a loved one, many actions need to take place to ensure that his or her final affairs have been properly settled. Even though an individual may have left behind instructions regarding the closing of a California estate, someone else must make sure that those instructions are followed throughout probate. That someone is the executor of the will.
Most California estates will go through a legal process in order to close them unless the deceased parties planned ahead to avoid this step. This legal process is known as probate, and it involves many actions in order to ensure that the decedent's final affairs have been properly addressed. Commonly, a person will have appointed an executor in his or her will to handle these actions.
All estates need someone to take charge in settling final affairs after a person dies. Typically, a person can name an executor to handle the steps associated with any necessary probate proceedings. However, individuals named to this position may worry that their lives may not allow them to properly handle the tasks or that acting as executor could put them at financial risk.