Probate is a traditional legal proceeding for the distribution of a person’s property after death. California has a well-developed probate system centered on protecting the rights of persons inheriting property. Probate gets a bad name sometimes because it is a court process, subject to court rules, procedures and delays. Purveyors of living trusts preach the evils of dreaded probate. Court funding and staffing issues contribute to significant delays of course. But the greatest delays are usually due to disputes or the case not being handled properly.
If you are in line to inherit property through a probate, it is a good thing. It is what the decedent wanted, as expressed in a will, or it is a natural family succession under intestate laws. For this important matter, you should obtain the services of an experienced probate attorney. There is value in the court proceeding. No one can question your ownership of any property you receive under a probate decree. Probate proceedings and living trusts both have their place and provide different advantages in a given situation. The most important thing is that the persons lawfully entitled, receive their proper entitlements.