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How To Avoid Probate Court

  • Published: November 13, 2020
How To Avoid Probate Court

When someone passes away, families grieve. That’s unavoidable. But probate court, which can put family members through long and expensive legal proceedings, is entirely avoidable in California. Probate court decides who will inherit your assets. It isn’t the only way to decide who gets what assents after your death, however. If you take the proper steps now, you can set up your estate planning Anaheim to provide for your family and spare them the stress of the probate court process.

Avoiding Probate In California

There are a few ways to allow your surviving family members to avoid probate court in California. Below, we will cover two of the most common methods.

Living Trusts

Almost any asset you own—from Real Estate, vehicles to financial accounts—can be included in a living trust. This document is similar to a will. It picks a person to oversee the distribution of your assets after your death. Here’s how it works:

  • You name the trustee.
  • You transfer ownership of all of your property to yourself as the current trustee of the trust.
  • When you die, your chosen trustee is in charge of distributing your assets as you planned and set forth in the trust.

Done correctly, a living trust can bypass probate court entirely.

Joint Ownership

Joint ownership is another method of avoiding probate court. Basically, if you own property with someone else, ownership can automatically pass to the joint owner upon your passing. Because California is a community property state, spouses are assumed to jointly own property acquired during the marriage, but joint ownership with a non-spouse can require legal documents to establish.

How Anaheim Probate Attorneys Can Help

An estate planning attorney Anaheim from Katje Law Group can walk you through the legal documents and processes outlined above. Estate plans are complex and time-consuming to create, but you don’t have to do this without help. Contact an attorney today.

September Katje, Esq.

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What Makes Attorney September Katje Uniquely Qualified To Represent You?

Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.

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Katje Law Group recently assisted my husband and I with a residential home purchase that was part of a trust with several parties involved. Ms. Katje and her team were competent, responsive and a just pleasure to work with. I highly recommend them if you are looking for a Real Estate Attorney.

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