What You Need To Know About Probate,
provided by Alice J. MacAllister, Probate Attorney

Probate matters don't have to be lengthy, drawn-out affairs. With an experienced lawyer at your side, a will's validity can be proven quickly and an estate can be administered efficiently. Unfortunately, few people know about the true complexity of probate matters. My job as a lawyer encompasses advocating for my clients, of course, but I also believe in educating the general public about legal matters. What follows is just a sampling of the important issues surrounding probate law. Even if you do not become a client of mine, I encourage you to read it carefully. And if you need a San Jose, California Probate Administration Lawyer, for a probate anywhere in California, contact me today.

Alice J. MacAllister, Attorney at Law
Third Floor
1700 The Alameda
San Jose, CA 95126
Phone: (408) 293-9223
Fax: (708) 255-1036

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Frequently Asked Questions about Probate and Estate Administration

Q: What is the purpose of the probate procedure?

A: The probate procedure is the court procedure by which a will is proved to be valid or invalid. Creditors of the estate have the opportunity to file claims against the estate and receive payment of those claims. After the administration fees and creditor claims are paid, the assets of the estate are distributed.

Q: What are methods for preserving assets of the probate estate?

A: There are many ways to preserve probate estate assets. In association with an attorney and tax advisor, you can:

• Determine whether administration expenses and casualty losses should be reported on the estate tax return or on the estate's income tax return.
  
  
• Consider whether there are income tax savings opportunities on the decedent's final return (such as whether or not a joint return should be filed with the surviving spouse).
  
  
• Consider whether assets should be valued at the date of the decedent's death or six months later (or, if the assets have been distributed prior to six months after the decedent's death, the date of the disposition of the assets).