What is Probate?

What is Probate?

Consult with our Pasadena, CA Probate Attorney

Probate is a court-supervised legal process for dealing with the disposition of property after death. It is not always advisable or necessary. The probate process mainly includes:

  • Proving the validity of the decedent's will, if any
  • Identifying and creating an inventory of the decedent's assets
  • appraising property as necessary
  • paying the decedent's debts and taxes
  • distributing remaining assets in accordance with the decedent's will, or if none exists, in accordance with the laws of intestate succession.

Do I need Probate?

If you've lost a loved one, you may need to probate your loved one's estate. In most cases, if your loved one had a well planned estate it's likely that most of their property would pass to estate beneficiaries through a trust, or via other non-probate transfers. In the absence of an estate plan, it can still be possible to avoid probate. Some questions to ask are:
 

  1. Is the total value of the estate more than $150,000 (exclusive of debts)?
  2. Did your loved one own real property?
  3. Did your loved one have significant debts that need to be paid?
  4. Has a probate petition been filed and a personal representative or administrator been appointed?



If you need to probate the estate, its best to hire a probate attorney to handle the legal proceedings for you. Many families try to go it alone, and while some may be successful, many are not. Further, when administration of a decedent's estate doesn't proceed smoothly, there is fertile ground for creditor claims and family disputes which often erupt into litigation that eats away at the estate.

If you’ve lost someone and need to probate their will, or their estate in the absence of a will, the Barilari Law Office is here to help you. Just follow these simple steps to get started.


  1. Call or email us to schedule a free consultation. At your consultation we’ll cover:


    • Your financial needs;
    • Fees and costs;
    • Who will be the personal administrator;
    • The information needed to commence probate proceedings;
    • What you need to do to facilitate the probate process; and
    • Our attorney-client agreement.

  2. Once you hire us, we get to work for you. We handle all of your court filings for you and walk you through the process of administering the estate.


It’s that simple. Contact our probate attorney to get started today.