It is not uncommon for people to mistakenly believe that creating a Will avoids the need for probate. If someone dies with no estate planning documents at all (called dying intestate) or with a Will but no living trust, their assets will need to go through the probate process (with some exceptions). Even in some cases where a living trust exists but assets were not properly transferred to the trust, a probate may be necessary.
Generally, the Executor will be appointed by the court based on who is nominated in the Will. That person may be a family member, a close friend, or even a professional fiduciary. And where no Will, California law provides a priority list of who should serve as the estate Administrator.
Radiant Probate & Estate Law, Inc., is a probate and estate planning law firm in Palo Alto, California. Throughout Radiant Probate & Estate Law’s years of practice as a probate attorney Santa Clara County and estate planning attorneys, we have helped countless Executors and Administrators from the first petition to open the probate to the final distribution to beneficiaries.
Learn More About Probate Issues
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