Probate

Probate is a division of the Superior Court of the State of California. The Probate court has jurisdiction over what are deemed “legally incompetent parties”, generally that includes deceased, disabled, and incapacitated persons. The responsibility of the Probate court is to protect these individuals and their assets. In Southern California, San Diego has two Probate Courts, one in downtown San Diego and the other one is in Vista. In Orange County, the Probate Court is located in the City of Orange. In Riverside County, there are three locations, Riverside, Hemet, and Indio.  In Los Angeles County, there are multiple locations spread throughout the county.

With regard to disabled and incapacitated persons, Conservatorships and Guardianships are the main tools of the court. Conservators and Guardians take care of the person physically and can manage their assets as well if necessary. They are supervised very carefully by the court to prevent fraud and abuse. The problems with Conservatorships and Guardianships are that they are so heavily regulated that it can be difficult and time consuming to manage and can get very expensive as well.

With regard to deceased persons, probate is the court-supervised process of administering their estate. When you die, your assets are distributed and your debts paid according to your will if you have one or else according to state laws of intestate succession. Since your signature is normally required to transfer assets in your name to a third party and being deceased you are no longer able to sign over your assets, the court then steps in and supervises the transfer of the assets and payment of the debts. The court grants the legal authority necessary to administer your estate to your executor if you have a will, or if you don’t have a will, the court will appoint an administrator for you, such as a family member or private fiduciary.