Bonded & Registered, San Diego LDA #44

Practice Areas:   
Business   
Civil Litigation   
Construction   
Real Property   
Estate Planning   
Probate & Estate Administration   
Contracts & Transactions   
Family Law   

Red Sky Legal   
7290 Navajo Road, Suite 113   
San Diego, CA 92119   
(619) 567-5176   
docs@redskylegal.com   

Conveniently located in the   
Navajo Park Professional Building   

Probate & Estate Administration

What is probate? Probate is a court proceeding that takes place after someone’s death. It usually involves proving that the decedent’s will is valid, identifying the deceased person’s property and having it appraised, paying outstanding debts and taxes, and distributing the property in accordance with the will or state law.

Not all estates must be probated, however. Many people have employed estate planning techniques to ensure their wishes are carried out, and their estate is settled without the need for a formal probate court proceeding. Even if a formal probate is not necessary, it is likely that administering the estate will require a number of documents to be prepared, signed, filed and mailed in order to transfer assets to the beneficiaries.

Typical non-probatable assets:

• Assets held in a living trust
• Assets held in joint tenancy
• Assets held as “community property with right of survivorship”
• Multiple party accounts, including joint accounts, trustee bank accounts, or pay-on-death accounts
• Property covered by a valid beneficiary designation
• Life insurance and death benefits payable to named beneficiaries
• Life estates

Alternatives to formal probate:

• Affidavit for Collection or Transfer of Personal Property Without Administration
• Court Order Determining Succession to Real Property
• Affidavit for Real Property of Small Value
• Spousal or Domestic Partner Set Aside Petition
• Affidavit for Sale or Lease of Community Property