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How
is My Property Distributed in Probate?
The probate process begins when someone
informs the court by petition that you have
died and that they wish your property to be
distributed. If you die with a will, the
people who get your property are called
“beneficiaries.”
Usually a family member
will submit the petition along with a copy
of your last known will. Your will acts
like a blueprint, telling the court how it
should distribute your property to your
beneficiaries. |
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If you die without a will or trust, you have
died intestate and the people who take your
property are called “heirs.” In this
situation, the court will create a list of
your heirs as determined by California
statute. Simply put, the court will begin
at the top of the list and distribute your
property to the person or persons highest on
the list.
If you have a will when you die, you have
died testate, and someone must submit your
will to the court. The judge will then look
at the terms of your will and hear evidence
from witnesses as to why this particular
will should be used to distribute your
estate. If the judge finds that this will
represents your actual final wishes
regarding your estate, then the court will
declare the will to be valid. If the court
finds you have a valid will, then the court
will order the distribution of your property
according to the terms of the will.
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If you die with a trust, the court will
generally not examine the trust or take part
in the distribution of your property. So
your estate, whether in whole or in part,
will not be subject to the same lengthy
probate process. Rather, the trust document
will govern the distribution, and the
trustee has the responsibility to ensure
that the trust document is followed. If the
trustee fails to follow the terms of the
trust, then a trust beneficiary may sue the
trustee to force him to follow the trust
terms.
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