How Long Does a California Probate Take in 2024?
The Probate Guy Blog
by Jay Butchko
6d ago
Probate is a legal process that occurs after someone passes away. This process involves the validation of the decedent’s Will (if they left behind a Will), the identification of estate assets, the valuation of those assets, debt payment, and the distribution of assets to beneficiaries or heirs. If you recently lost a loved one and are likely going to be involved in the probate process, one question you may be asking yourself is how long will the probate take in California in 2024. So, how long does probate take in California in 2024? The California probate process typically takes between 9 and ..read more
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Mistakes To Avoid When Serving as an Executor (For 2024)
The Probate Guy Blog
by Jay Butchko
1w ago
When people draft wills, they usually name someone in the will as their executor. An executor is the party responsible for carrying out the probate process on behalf of a deceased individual. Probate is the legal process that takes place after someone passes away that involves, among other things, the validation of the will (if one is available), payment of debts and taxes, and distribution of estate assets to beneficiaries. If you are named executor of a decedent’s will, you are most likely feeling very honored. After all, it shows the testator had confidence in you. However, before diving in ..read more
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Reopening Probate in California
The Probate Guy Blog
by Jay Butchko
3w ago
Probate is the process of settling a deceased person’s estate. It entails, among other things, identifying and locating the decedent’s assets, appraising the assets, paying creditor debts, and distributing the remaining assets to beneficiaries. Probate can be a lengthy and complex process. Once this process is closed, it is generally considered finalized. However, in some circumstances, it is possible to reopen a California probate. There are several reasons why someone would want to reopen probate, but it is crucial to keep in mind that probate cannot be reopened for just any reason. If you a ..read more
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What Are the Benefits of Choosing a Probate Lawyer Near Me?
The Probate Guy Blog
by Jay Butchko
1M ago
In California, after a person passes away, their Will or estate needs to go through the probate process. In simple terms, probate is the process of administering a deceased person’s Will (if there is one) or estate if there is no Will. The probate process can be a complex and emotional one for a lot of people. Thankfully, probate attorneys are available to offer assistance to executors, heirs, and beneficiaries. Often, when looking to hire a probate lawyer, people look for lawyers near them. The reason you are reading this article is probably because you Googled “probate lawyer near me.” So wh ..read more
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Can You Use Alternative Dispute Resolution for Probate Issues?
The Probate Guy Blog
by Jay Butchko
1M ago
During the probate process, disputes can arise due to several reasons. Often, probate disputes arise from disagreements among beneficiaries or other interested parties. Examples of common probate disputes include Will contests, guardianship disputes, family disputes, and creditor claim disputes. When probate disputes arise, people often assume they must go to court. However, going to court is not the only way to resolve probate disputes. You can use alternative dispute resolution (ADR) for probate issues. In this article, we discuss five types of alternative dispute resolution parties to a pro ..read more
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Burden of Proof in Will Contests
The Probate Guy Blog
by Jay Butchko
2M ago
After a person dies and leaves behind a Will, the Will must go through the probate process. The probate process entails validating a decedent’s Will and then distributing the estate assets to beneficiaries. If an interested party feels that the Will does not accurately depict the decedent’s wishes, they can initiate a Will contest. However, an interested party cannot file a Will contest simply because they feel the Will is unfair or unfavorable. A person must have a legally acceptable ground for filing a Will contest. Some of the grounds for contesting a Will contest include fraud, undue influ ..read more
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Tips for Dealing With a Manipulative Estate Executor
The Probate Guy Blog
by Jay Butchko
2M ago
An executor is the person named in a Will to carry out the decedent’s last wishes. The executor is tasked with the job of administering the decedent’s estate. Administering an estate entails several steps and responsibilities. An executor carries out several duties, including initiating the probate process, identifying and inventorying assets, sending notifications to beneficiaries and creditors, asset management, debt and tax management, and distributing assets to beneficiaries. A manipulative executor can make the situation very hard. A manipulative executor might hide information or even se ..read more
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Can Lottery Winnings Be Inherited?
The Probate Guy Blog
by Jay Butchko
2M ago
For many people, winning the lottery is a life-changing event. Winning the lottery can offer financial stability, allowing winners to pay off debt, invest, and even buy a home. Winning the lottery can give someone the opportunity to achieve their life goals. But what happens when a lottery winner dies? Can these winnings be inherited? Lottery winnings can be inherited in most cases. However, different factors might impact how these winnings can be inherited. Read on for more information on this topic. Lottery Lump-Sum Payment and Annuity After someone wins the lottery, they can choose the annu ..read more
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How Can an Executor Reduce Probate Costs?
The Probate Guy Blog
by Jay Butchko
4M ago
People who create a Will usually appoint someone to ensure the Will is executed. They appoint someone to carry out their last wishes when they die. This person is called an executor. If you were selected as the executor of a loved one’s Will, you should know that as an executor, your primary duty is acting in the best interest of the decedent’s estate. This entails, among other things, doing your best to reduce probate costs. Probate is the process of administering a decedent’s estate. Some of the steps involved in the probate process include finding and gathering the estate assets, determinin ..read more
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Steps for Preparing an Estate Inventory for Probate
The Probate Guy Blog
by Jay Butchko
4M ago
Preparing an estate inventory is one of the most crucial steps of the probate process. This is the job of the executor. An estate inventory is a list of a decedent’s assets. Often, preparing an estate inventory is not a small task. This process entails a number of steps. Fortunately, you don’t have to do this alone. Help is available. A probate attorney can help you prepare an estate inventory for probate. However, even before you reach out to an attorney, read on to learn about the importance of preparing inventory for probate and the steps for preparing an estate inventory for probate. What ..read more
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