What Does a Probate Court Actually Do?
Often, when someone passes away, their family faces a complex legal process known as probate. At the heart of the probate process is the probate court. This segment of the judicial system oversees the handling of decedents’ estates and the execution of wills (if applicable). But what exactly is the role of a probate court? If you have just lost a loved one, understanding the role of a probate court can help you prepare for what lies ahead and make informed decisions during this emotional time.
Below are some of the main functions of the probate court;
- Validating the Will
If someone dies and leaves behind a will, one of the first tasks of the probate court is to determine if the will is valid. The court evaluates the will to confirm that it was legally executed. In California, for a will to be considered valid, it must be in writing and signed by the testator (the deceased in this case). Additionally, formal (typed) wills must be signed in the presence of at least two competent witnesses. Witnesses are not required for holographic (handwritten) wills. If someone contests the will, for example, if they claim undue influence, the court is responsible for resolving the matter.
Once a probate court validates a will, the document becomes the guide for how the estate will be administered. If a will is invalidated, the estate will be treated as if the person died intestate (without a will). The estate will be handled per the state’s intestacy laws in this case.
- Appointing a Personal Representative
If a will names an executor, the probate court formally appoints that person as the personal representative and gives them the go-ahead to manage the estate. An executor cannot begin managing a decedent’s estate until they have been officially appointed by the probate court. If there is no will, the will does not name an executor, or the will is invalidated, the court appoints an administrator to serve as the personal representative.
- Supervising Estate Administration
After appointing a personal representative, the probate court will supervise the entire probate process. The probate court is there to ensure all assets are identified and inventoried, debts are paid, and remaining assets are distributed to the rightful beneficiaries or heirs. The probate court is there to prevent personal representatives from engaging in misconduct, such as fraud.
- Resolving Disputes
Apart from handling will contests, the probate court also handles other disputes that arise during the probate process, such as;
- Disagreements over asset distribution
- Allegations of executor misconduct
- Creditor claims
What Is the Importance of the Probate Court?
Probate courts are crucial for protecting the rights of heirs, beneficiaries, and creditors. These courts ensure that decedents’ estates are properly managed and their final wishes (if expressed in a will) are fulfilled. Additionally, probate courts can guide families and keep things organized, especially during emotional or stressful times.
Contact The Probate Guy
If you have lost a loved one and are navigating the probate process, it is a good idea to consult an attorney. Contact the experienced and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
