Question 1

What is the non-emergency contact number for the local police station in Apple Valley, California?

Accepted Answer

For non-emergency cases, you may contact the Apple Valley Police Department at 760-240-7400.

Question 2

Where can I get a copy of police reports for incidents related to my case in Apple Valley, California?

Accepted Answer

You may obtain a copy of a police report by submitting a Public Records Request Form to the Town Hall at 14955 Dale Evans Pkwy, Apple Valley, CA 92307, or faxing it to 760-961-6242. You may access the form online at https://www.applevalley.org/home/showpublisheddocument/24025/636458408164870000.

Question 3

Can you avoid probate in Apple Valley by creating a living trust?

Accepted Answer

Yes. A living trust in Apple Valley allows you to bypass probate for assets like real estate, bank accounts, and vehicles. To establish a living trust, you must create a trust document that resembles a will and designate a successor trustee. You should then transfer ownership of your property to yourself as the trustee, ensuring it follows the trust's provisions. Upon your death, the successor trustee can distribute assets to the trust beneficiaries without involving probate court.

Question 4

What happens if someone dies without a will in Apple Valley?

Accepted Answer

If someone dies without a will in Apple Valley, their assets will be distributed according to California's intestate succession laws. Under state law, if there is no surviving spouse or children, the estate passes to parents if they are alive. Otherwise, it is divided equally among surviving siblings. If there are no spouses, parents, children, grandchildren, or siblings, then the decedent’s aunts, uncles, nieces, and nephews are next in line.

Question 5

Are there homestead exemptions in Apple Valley during probate?

Accepted Answer

Yes. The probate homestead exemption in California allows surviving family members to stay in the family home in Apple Valley. California courts can grant this exemption when requested by the surviving spouse, registered domestic partner, or minor children after the death of a decedent. However, the right to use the homestead ends when the surviving spouse passes away or, in the case of minor children, when they reach the legal age of adulthood.

Question 6

Can a non-US resident be the executor of an estate in Apple Valley?

Accepted Answer

Yes. California law allows naming a non-resident of the United States as an executor, who can be appointed by the court to fulfill executor duties in Apple Valley. This includes non-resident, non-citizens, and non-citizen residents. However, it is not recommended to choose a non-resident executor because if they relocate outside the country before the testator's death, it can pose challenges for family members to locate and inform about their responsibilities.

Question 7

What happens if someone dies without any known heirs in Apple Valley?

Accepted Answer

In the event that the probate court in Apple Valley is unable to locate any other living heirs or beneficiaries, the estate will be forfeited to the state of California. Although this occurrence is uncommon due to preventive laws, there are cases where individuals pass away without any living heirs or a valid will.

Question 8

What does a probate attorney do?

Accepted Answer

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

Question 9

What is probate court?

Accepted Answer

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

Question 10

How long do you have to file probate after death?

Accepted Answer

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

Question 11

Does life insurance go through probate?

Accepted Answer

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

Question 12

Do household items go through probate?

Accepted Answer

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

Question 13

Do bank accounts with beneficiaries have to go through probate?

Accepted Answer

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

Question 14

What happens if no probate is filed?

Accepted Answer

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

Question 15

What is probate real estate?

Accepted Answer

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

Question 16

Can I probate a will or estate without an attorney?

Accepted Answer

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

Question 17

How many years can an estate remain in probate?

Accepted Answer

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

Question 18

When is a will's probate an automatic process?

Accepted Answer

Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

Question 19

What does it mean when property is under probate?

Accepted Answer

Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.

Attorney Names	Bar Status	Experience
Shelby Shelton - Associate	Active	6 yrs
Jeanne Kennedy - Managing Partner	Active	39 yrs
Terry Caldwell - Partner	Active	48 yrs

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in Apple Valley, California?

Can you avoid probate in Apple Valley by creating a living trust?

What happens if someone dies without a will in Apple Valley?

Are there homestead exemptions in Apple Valley during probate?

Can a non-US resident be the executor of an estate in Apple Valley?

What happens if someone dies without any known heirs in Apple Valley?