Friday, January 26, 2018

An Overview of Probate Law


Mark Ziebold is an Irvine, California-based attorney who has spent the last seven years as president of Ziebold Law Group, P.C. He also serves as a partner at Million Voorhees Ziebold, LLP. As an attorney, Mark Ziebold focuses on estate planning and probate law.

After an individual passes away, his or her estate is not immediately distributed to the decedent's heirs. Instead, if no trust exists to administer the estate, the will causes the estate to be subjected to a legal process known as probate. During probate proceedings, a court will determine whether or not the will is valid. Additional elements of probate including making an inventory of the author’s assets and property, appraising these items, paying off any relevant debts and taxes, and subsequently distributing all remaining assets as the will dictates. In lieu of a will, assets are distributed according to state law.

Probate can prove to be a lengthy and sometimes contentious process, particularly if there is no valid will in place. Furthermore, finances and assets named in a will may have to be used to cover court and legal fees, rather than being given to the individuals or organizations named in the will. Fortunately, most states provide various methods of avoiding probate processes, most notably joint tenancy filings and living trusts. To learn more about avoiding probate processes, contact an attorney experienced in probate and estate planning law.