Legal Question in Wills and Trusts in California

Re: What does it mean Will in Probate?

Having a will "in probate" means that the Probate Court (usually in the County where the person died) administers the will, oversees assets being gathered and makes sure creditors are paid. In general they make sure the decedent's written wishes are followed. If you think there was a later will you would need to find it to show the Court. If you can't find it you probably have little chance of success. Probate records are open to the public so you can look at them if you like at the Courthouse. You can contact the state where your dad died and look into death benefits to see if there was a named beneficiary. Good luck!!

Re: What does it mean Will in Probate?

Probate actually means to prove the will. If you have a question aboutthe contents of the will, the will should be on file in the Surrogate's Court of the County in which your father lived.

Daniel Clement

Re: What does it mean Will in Probate?

Putting a will in probate may mean that there are assets that belonged to the decedent which need to be distributed. It does not necessarily mean that she is hiding something, but it is best for you to be represented to keep an eye on her actions. Also, if she is the executor of the will, she will be paid out of your dad's assets.

We do accept contingency cases in representing beneficiaries in probate, please let me know if I can be of service.

Re: What does it mean Will in Probate?

Probate is the process of proving one's will and distributing the assets to the beneficiaries. You should have received notice in the mail if probate was opened.

To find out what's going on, you will have to check (or have someone check) the county court's file where the probate was opened/filed.

The executor is required to file the will (if any) and an inventory and appraisal of the person's assets--this will tell you what's in the estate.

There are deadlines for enforcing your rights, so check into it quickly, and see an attorney if need be.