Probate Law Firm Orange County
If you need assistance probating an estate, you should speak to a probate lawyer in Mission Viejo, CA. The probate process can be quite intimidating, so it’s wise to have someone knowledgeable and experienced on your side. A lawyer can guide you through the process and answer all of your questions.
Common Myths About Probate
Probate refers to the process in which a will is proved valid in court. Although the process has been around for quite some time, there are still many misconceptions about it.
- Probate always takes years to complete. One of the main reasons people are put off by probate is because they assume it will take years to complete. However, probate usually doesn’t take multiple years to complete. How long the process takes will depend on several factors, such as the value of the estate and whether or not there are family disputes. If the estate is fairly simple and no one tries to challenge the will, probate can typically be completed within a year.
- Probate will eat up all the estate assets. Some people also fear that once the probate costs are paid, there will be no assets left for heirs. Fortunately, this isn’t true. While probate does cost money, it doesn’t cost nearly as much as people think. In fact, the costs are usually less than five percent of the entire estate.
- If you die without a will, the state will receive your assets. This is another big myth you shouldn’t believe. As a probate lawyer in Mission Viejo, CA can confirm, if you die without a will, your spouse and children will likely be the first people to receive your assets. The only way assets will go to the state is if no relatives can be found.
- An estate with a will doesn’t have to go through probate. Another common misconception is that if the decedent had a will, the estate doesn’t have to go through the probate process. Just because there is a will in place, doesn’t mean the estate gets to skip the probate process.
- It isn’t necessary to hire a lawyer. Probating an estate can involve many complexities, so it’s a good idea to have a skilled lawyer on your side. He or she can speed up the process and make sure you don’t make costly mistakes.