Best Probate Lawyers in Fremont

Frequently Asked Questions

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

  For non-emergency cases, you may call the Fremont Police Department at +1 510-790-6800.

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

  To obtain a copy of the police report for probate-related cases, you may contact the Fremont Police Department’s General Services and Records Unit at (510) 790-6800. To check the status of your request, you can send an email to records@fremont.gov and provide your name, date of birth, date, time, and location of occurrence, type of report, and report number.

• Who initiates a probate case in Fremont?

  An executor, beneficiary with standing, or relative of the decedent can initiate the probate process in Fremont by filing the California Form DE-111 petition with the Alameda County Superior Court, Probate Division. The petition can take the form of three options. It could be a petition for probate of will and for letters testamentary, a petition for probate of will and for letters of administration with will annexed, or a petition for letters of administration.

• Who can serve as a personal representative or executor in a Fremont probate case?

  A personal representative or executor in a Fremont probate case should be an individual over 18 years of age and can be a person named in the decedent’s will or someone who has been appointed by the court if the decedent has no will. Ideally, the personal representative should be someone who is familiar with the finances of the decedent and can track records and case details.

• How are assets distributed in a Fremont probate case?

  In Fremont probate cases, assets are distributed according to the decedent's valid will or California's intestacy laws, if there is no will. A surviving spouse without biological or adopted children may inherit community property and half of the separate property. For married decedents with children, the separate property is divided between the spouse and children. For unmarried decedents, assets are divided equally among the children. In the absence of a spouse or children, parents, siblings, and grandparents may receive assets.

• Can you contest a will in a Fremont probate case?

  Yes, you can contest a will in a Fremont probate case. However, you must have a legally valid reason, such as incapacity, multiple wills, undue influence or fraud, or violating state law. Under California’s probate law, not all people are allowed to contest a will. Only the interested parties can contest a will, including beneficiaries named in the trust or will, the decedent’s heirs under the state’s intestacy laws of succession, and creditors to whom the decedent owed money.

• Do you have to go through probate if there is a will in Fremont?

  In Fremont, having a will does not prevent going through the probate process, contrary to popular belief. If the decedent executed a will, probate is absolutely necessary as the will’s validity will be reviewed and confirmed by the judge. On the other hand, if the decedent executed a revocable living trust, it does not have to be probated.