Q: What happens if we choose to not move forward with a probate application
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- California
- (916) 704-3009
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- Answered
A:
If you choose not to move forward with probate in California, several important consequences could arise, particularly if the estate includes assets that require probate to transfer ownership.
Without probate, you may face difficulties accessing or transferring certain assets like real estate, bank accounts, or investments that were solely in the deceased person's name. Financial institutions and government agencies typically require probate court documentation to release these assets to beneficiaries. Additionally, creditors could potentially pursue heirs personally for the deceased person's debts if proper legal procedures aren't followed.
The decision to skip probate might also create legal complications for heirs and beneficiaries down the line, especially when attempting to sell inherited property or resolve disputes among family members. In some cases, beneficiaries or creditors could force probate proceedings later, potentially leading to additional expenses and delays. If you're considering avoiding probate, consider consulting with legal counsel to understand your specific situation and explore alternatives like small estate procedures if the estate qualifies.
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