Probate is the Court process whereby a will is accepted by the Court as valid and the decedent’s property is distributed according to its terms, under the supervision of the Court. In the alternative, if there is no Will, the estate is settled according to the laws of intestacy.
The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a will. A probate court decides the legal validity of a testator’s (deceased person’s) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in Court, if necessary. The Probate Court also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator’s assets in the manner specified in the testator’s will.
If a member of your family has passed having left behind a Will, or no Estate Plan, it is important to consult with an experienced Probate Attorney to discuss the Probate process. If you are in need of Probate Administration services, please call our office at 408-294-4525 to schedule a consultation with one of our experienced attorneys.
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Del Ponte & Hirz | Attorneys at Law
75 East Santa Clara Street, Suite 275
San Jose, CA
Phone: (408) 294-4525
Fax: (408) 294-4732