One of the main advantages of timely estate planning is the ability to avoid probate, which can be a time-consuming and stressful process for those involved. One of the elements of this planning is organizing funeral arrangements. By communicating funeral arrangements in advance, you can prevent issues during probate.
Understanding how the Covina funeral arrangement probation process works can help you make informed decisions when planning for the future.
Who Makes Funeral Organization Decisions?
In Covina, several parties can make funeral arrangements before probate. If there is no clear planning or appointment, these parties include:
- The decedent’s health agent
- The decedent’s spouse
- The decedent’s adult children
- The decedent’s siblings
- The next of kin
When developing an estate plan, it is important to remember that the individual granted authority over funeral arrangements does not have to be a family member or someone listed under California’s default priority order.
The law allows individuals to designate a trusted person of their choice to handle these matters, but this authority must be granted in writing. A qualified estate planning attorney can help draft an advance directive that names this person and outlines the funeral instructions.
Funeral Arrangement with a Will
If a person leaves a will, the responsibility for handling funeral arrangements falls to the executor named in that will. The executor must follow the instructions provided by the decedent, which may include decisions about cremation, specific religious services, or the location for the ceremony. The funds for these arrangements typically come from the estate, and the executor has the authority to access these assets to make necessary payments.
However, relying solely on the will to contain funeral instructions may not work because probate proceedings do not occur until after the funeral. This can mean that family members may not be aware of the person’s wishes until it is too late to act on them.
It is also important to note that, under California law, a person’s body is not a part of their estate. Accordingly, since the body is not under the estate’s control, the executor may not be able to carry out the decedent’s burial plans. This is why it is better to make additional arrangements to ensure that the funeral wishes are respected.
Prepaid Funeral Plans
A prepaid funeral is a straightforward way to help your family avoid funeral arrangement probate issues in Covina. This plan allows an individual to organize their funeral and pay for it in advance, providing peace of mind to their family.
To create a prepaid plan, you need to work with a licensed funeral home. You will sign a contract that outlines your service preferences, including the type of ceremony.
One of the key benefits of a prepaid plan is that it often locks in current prices, protecting your family from inflation. Such a plan can serve as a reference for family members and executors, helping to prevent disputes about your wishes for the funeral.
Discuss Funeral Arrangement Probation With a Lawyer in Covina
Covina funeral arrangement probation can be burdensome for the family members. To avoid the emotional pressure of disagreements over what you would have wanted for your funeral, consider outlining your wishes in a will or setting up a prepaid funeral plan.
A qualified estate planning attorney from Amity Law Group can recommend the best way to arrange funeral arrangements in advance. Call us to schedule a consultation today.
