Best Probate Lawyers in Lynwood

FAQs

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

  For non-emergency cases in Lynwood, you may call the Century Sheriff's Station at (323) 568-4800.

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

  To obtain a copy of a police report you can contact the Los Angeles County Sheriff’s Department’s Public Services Section at (562) 345-4441 and make an appointment. The Public Services Section is open from Monday to Thursday, between 8 am and 5 pm. You can also call the Century Sheriff's Station at (323) 568-4800 to check if the report is available at this station located at 11703 S. Alameda Street, Lynwood, CA 90262.

• What assets are not subject to probate in Lynwood?

  Assets that may not undergo probate may include various types of property that are not individually owned by the deceased. Other non-probate assets in Lynwood can include vehicles, personal belongings, life insurance policies, real estate, and accounts with transfer-on-death designations. The advantage of non-probate assets is that they can be directly transferred to the beneficiary upon death.

• Can you contest a will during a probate in Lynwood?

  Yes. Under California probate law, interested parties in Lynwood have the right to contest a will during probate. These parties include beneficiaries named in the will or trust, heirs according to California's intestacy laws, and creditors of the decedent. For the decedent’s children, it is crucial to be aware of the time limits for contesting a will. If the will or trust has already undergone probate, children have 120 days from the testator’s passing to file an objection with the probate court.

• Is it possible to get a copy of a will in Lynwood?

  Yes, it is possible to obtain a copy of a will in Lynwood. You may contact the Los Angeles County Superior Court at (213) 830-0803 for inquiries regarding wills and probate matters. You may also go to The Los Angeles Superior Court’s website for more information on the availability of the probate document you are looking for.

• Who is not allowed to be a personal representative in a Lynwood probate case?

  Minors and individuals who are under conservatorship are not allowed to be personal representatives in a Lynwood probate case. Those unable to fulfill the responsibilities of a personal representative are also disqualified. If the deceased had a surviving business partner, that partner cannot serve as the personal representative if an interested party objects, unless the partner is explicitly named as the executor in the will. Additionally, non-resident individuals are ineligible unless the will specifically designates them as the executor.

• Does a will have to be notarized in Lynwood?

  No, you do not have to notarize your will in Lynwood. It is not necessary to have your will notarized for it to be legally valid. Under state laws, a will is considered self-proved if it is signed and witnessed by two individuals, thereby eliminating the need for additional documentation or notarization.

• What does a probate attorney do?

  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.

• What is probate court?

  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.

• How long do you have to file probate after death?

  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.

• Does life insurance go through probate?

  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.

• Do household items go through probate?

  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.

• Do bank accounts with beneficiaries have to go through probate?

  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.

• What happens if no probate is filed?

  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.

• What is probate real estate?

  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.

• Can I probate a will or estate without an attorney?

  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.

• How many years can an estate remain in probate?

  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.

• When is a will's probate an automatic process?

  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.

• What does it mean when property is under probate?

  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.