What is Probate? Probate refers to the process where a court oversees the administration of a deceased person’s estate. To ensure that the decedent's final matters and wishes are handled correctly and without bias, California has probate courts (or special departments of the court) to oversee the settling of estates. What is the purpose behind the probate process? The purpose of the probate process is to ensure that any final bills and expenses are paid, including any taxes owed; any assets remaining are distributed to the beneficiaries named in a will; or if the decedent died intestate (without a will), any assets remaining are distributed to the correct heirs under the laws of intestate succession. What are the disadvantages of probate? Time, lack of privacy and cost are generally cited as the primary disadvantages of the probate process. |