Estate Planning FAQ: Can Probate Be Avoided?

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It can seem as though a last will and testament is the simplest way to transfer assets. However, when you use a will the process of probate is a factor. Learn more about probate in San Jose California in this presentation.

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ESTATE PLANNING FAQ: Can Probate Be Avoided?

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Last Wills & Probate 1

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The most commonly utilized vehicle of asset transfer in the field of estate planning is the LAST WILL

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It can seem as though this is the simplest way to transfer assets

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However, when you use a will the process of probate is a factor

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What Is Probate? 2

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Probate is a legal process

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The executor of the estate admits the will to probate

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The probate court supervises the administration of the estate

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The heirs to the estate don't receive their inheritances until the estate HAS BEEN PROBATED

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How Long Does It Take? 3

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Probate does not run its course overnight .

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The exact duration of probate will vary depending on the complexity of the case

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Simple cases will take months

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Complicated cases can take years Simple cases will take months

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Is Probate Free? 4

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Probate comes with some significant costs in many cases

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There are court costs, attorney fees, accounting charges, appraisal expenses, and executor fees

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These can add up to consume a noticeable percentage of the estate

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Is It Possible to Avoid Probate? 5

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PROBATE CAN BE AVOIDED if you take the appropriate steps in advance

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There are a number of different probate avoidance strategies that can be implemented

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The optimal course of action will depend on the circumstances

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What Probate Avoidance Strategy Is Widely Recommended? 6

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The most effective probate avoidance strategy for many people will be the creation of a REVOCABLE LIVING TRUST

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With these trusts you don't surrender control of the assets while you are living

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After you pass away, the beneficiaries receive distributions from the trust OUTSIDE OF PROBATE

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San Jose CA Probate Avoidance Consultation

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If you would like to discuss probate avoidance with a local San Jose CA estate planning lawyer contact our firm at (408) 356-9200 TO REQUEST A FREE CONSULTATION

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Click to visit: www.attorneyoffice.com

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