Probate Law FAQs

Having a proper estate planning documentation can often eliminate the need for probate.

What is probate?

Probate, also called proof of will, is the procedure by which a will’s validity is proven to the satisfaction of the court. If the validity of a will is proven to the satisfaction of the court, the will’s validity can not subsequently be challenged on the grounds of fraud, testamentary capacity, or under duress. However, the probate of a will does not affect an interested party’s rights to question the construction of the will, the legal effects of the will’s provisions, or the validity of the will’s provisions. probate law in orange county

What property is included in an individual’s estate?

An individual’s probate estate (sometimes called probate property) includes only property subject to estate administration. In general, property owned by an individual at the time of his or her death or acquired by his or her estate after his or her death which passes to his or her heirs either by will or, in the absence of a will, by intestacy is included in an individual’s probate estate. Examples of probate property are houses, cars, furniture, stocks, bonds, and bank accounts. Examples of property not typically included an individual’s probate estate are life insurance policies, survivor annuities, and other so-called “will substitutes.”

Contact OC Lawyers

If it becomes necessary, the best Orange County attorneys of the Law Offices of Lawrence Nemirow can help with one phone call to 562-799-1379. You can do some further reading on this practice area here. Back To FAQ’s Page

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We Specialize In Estate Planning, Probate, Wills And Trusts, Insurance Law And Business And Corporate Law.

I was licensed to practice law in the State of California on June 6, 1996. I then formed The Law Offices of Lawrence H. Nemirow, PC to serve communities of Los Angeles County and Orange County with their legal needs. I am licensed to practice before all of the Superior Courts in the State of California, the U.S. District Court for the Central District of California, the U.S. District Court for the Southern District of California, and the United States Court of Appeals for Veterans Claims.

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