Probate Court

Probate Court is the legal process through which the court, upon death, guides payment of debts and the distribution of assets according to a will. In the absence of a valid will (in testate), the assets are distributed according to California law.

Most families would prefer to avoid probate because it:



The Revocable Living Trust

The living trust is a legal document which contains your instructions for the distribution of your assets upon your death. It creates an entity which holds your assets while you retain control of the assets. It does this much as a corporation owns and controls assets.

The living trust provides for an orderly transition of control of the assets so that it is not necessary for the probate court to be involved after the death of the Trustees. The trust avoids probate and is revocable, that is, it may be changed, amended, or cancelled by you at any time.

 

Your Estate Plan Binder contains: