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Probate Services

Probate is the process by which a California court decides where your property passes either pursuant to your will or if you die without a will, pursuant to the laws of intestacy. It is initiated when a person (called the petitioner) files a petition for probate. Assuming no one objects and the person is qualified, the Court will appoint the petitioning party administrator of the estate. The administrator will gather assets, pay creditors and ultimately distribute the estate to either the heirs at law or the heirs under the will.

There are often alternatives to probate. Spouses can utilize the spousal petition process which is a quicker and cheaper alternative to a full probate. Similarly, for estates that are less than $150,000.00, property can be collected through an affidavit process. If you have a loved one that has died, with or without a trust or will, our sister firm, Finlay Law Group, APC can assist you in determining what procedure is appropriate for your situation.

If you would like to discuss your specific needs, please contact Mary Finlay at the Finlay Law Group, APC.