Probate Law FAQs
Having a proper estate planning documentation can often eliminate the need for probate. However if probate becomes necessary,the Orange County probate attorneys of the Law Offices of Lawrence Nemirow can help with one phone call to 562-799-1377.
- 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.
- What property is included in an individual's probate 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."
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