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About California Probate
- California Probate administration is a court process for distributing a person’s assets after they die.
- Typical assets that go through probate: real estate or titled/documented personal property
- Assets are collected, creditors are paid and beneficiaries receive whatever remains.
- There are 2 types of probate: Small Estate & Formal Administration
- Even if a person has a Will, probate may still be necessary (A Will does not avoid probate.)
- In California, “Personal Representatives” are in charge of probating the estate and are almost always required to have an attorney. These attorneys handle nearly all of the probate court work.
- Most cases are filed electronically with telephone hearings, so neither you nor your attorney have to be present in the county handling the case.
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