Best Probate Lawyers in Hayward

Frequently Asked Questions

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

  510.293.7272 is the non-emergency contact number for the local police station in Hayward.

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

  To obtain copies of police reports from the Hayward Police Department in Hayward, complete a request for a police report form. Submit it by mail or in-person to the Hayward Police Department's Front Counter at 300 W. Winton Ave., Hayward, CA 94544. The majority of requests will be processed within 10 working days. You have to pick up the reports during the department's business hours, Monday to Friday, from 8 a.m. to 6 p.m. The department is closed on weekends and holidays.

• Where should a petition for probate be filed in Hayward?

  To file a petition for probate in Hayward, you will need to go through the Alameda County Superior Court, which handles probate cases in the area. The court is at the Berkeley Courthouse, specifically at 2120 Martin Luther King, Jr. Way, Berkeley, California 94704. For further information or clarification, visit the court's website or contact them directly at 510 647-4439 or 510 647-4403.

• What are the repercussions of failing to initiate the probate process in Hayward?

  Failing to file probate within one year of death in Hayward and throughout California lead to consequences. These include the court considering the estate as "abandoned," resulting in frozen assets. Late fees and penalties are imposed, reducing the available distribution value. Debts of the deceased cannot be closed, potentially burdening beneficiaries. The executor's role may be lost, causing delays, and a conservator may be appointed, leading to disputes. In severe cases, criminal prosecution may occur.

• What is the initial step to begin the probate process in Hayward?

  The first step in initiating the probate procedure in Hayward is filing a petition with the probate court. In Alameda County, this initial filing incurs a fee of $465.00. Subsequently, the court date must be advertised in a newspaper through three publications, occurring once per week. This serves as a notice to interested parties about the upcoming proceedings and allows them an opportunity to respond or participate in the probate case.

• Which assets are not subject to probate in Hayward?

  In Hayward, some assets bypass probate. Joint tenancy assets allow the surviving joint tenant to become the sole owner without court intervention. Married couples can utilize tenancy by the entirety or community property with the right of survivorship, ensuring automatic transfer to the surviving spouse. Assets with designated beneficiaries, like retirement accounts and life insurance policies, and payable on death/transfer on death accounts also avoid probate by directly passing to named beneficiaries upon the owner's death.

• Is estate or inheritance tax collected in Hayward?

  No. There is no state-level tax on estates or inheritances in Hayward or throughout California. However, if you inherit from someone in a state with an inheritance tax, you may be subject to that state's tax based on the inheritance value and your relationship to the deceased. There could also be a federal estate tax, but few estates owe it. In California, heirs generally inherit tax-free, except for income tax on inherited retirement accounts.