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Pretty straightforward right? Either do nothing or draft a will. The big problem you face if you choose one of those two options in order for your estate to go where it’s supposed to go, your estate has to go through what’s called probate. Probate is a court proceeding where the court steps into the shoes of the deceased person, gathers up that person’s stuff and then distributed either according to the intestacy laws of there’s no plan in place for according to the terms of the will. That’s why we like to describe as a letter of instructions, it’s a letter instructions to the probate court.
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A will by itself doesn’t really have any legal effect outside of probate proceeding. Now probates serve an important function in society as an anti-fraud measure. It makes it so that people who are entitled get the notice they’re entitled. Probate makes it so the creditors have a place where they can come and have their claims heard. In general probate is something that most people are trying to avoid
El Dorado Hills5137 Golden Foothill Parkway, Ste. 110
El Dorado Hills, CA 95762
Sacramento3626 Fair Oaks Blvd., Ste. 100
Sacramento, CA 95864
About Morris Law Group
Attorney David R. Morris is a Certified Specialist in Estates, Trusts, and Probate, certified by the State Bar of California. Certified Specialists undergo rigorous peer review, testing, and education to certify that they are experts in their subject matter areas. Fewer than two percent of attorneys in California become Certified Specialists in any area of law—the designation serves as an indication that the attorney is skilled, experienced, and knowledgeable in the specialty area.
With offices in Sacramento and El Dorado Hills, Morris Law Group provides innovative, cost effective solutions for clients seeking to resolve and avoid problems related to their families and livelihoods. We serve individuals and business clients in the communities of El Dorado Hills, Sacramento, West Sacramento, South Sacramento, Midtown Sacramento, Natomas, Folsom, Granite Bay, Rancho Cordova, Citrus Heights, Carmichael, Roseville, Cameron Park, Shingle Springs and Placerville.