Best Probate Lawyers in Manteca

Frequently Asked Questions

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

  The Manteca Police Department's non-emergency contact number is 209-239-8401.

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

  To obtain a copy of an incident report, you may contact the Manteca Police Department's Records Division at 209-456-8108. If you have no access to a mobile phone, you may call the Records Clerk's office from the red phone in the lobby station. You may visit the office at 1001 West Center Street, Manteca, California 95337.

• Can probate be rejected in Manteca?

  Yes. Mistakes in order filing and documentation submitted to the court are the most prevalent reason for probate rejection in Manteca. These technical errors include failing to secure bond orders, using the wrong prescribed forms, omitting crucial information on the Statement of Assets and Liabilities, incorrectly identifying involved parties, serving the notice less than 21 days before the application was filed, and neglecting to send the paperwork to the Public Guardian and Trustee and waiting for their response. Moreover, rejections can be appealed.

• What happens if no one from the family files probate in Manteca?

  If the decedent's estate is not probated in Manteca, the court may:

  • Impose civil sanctions for failing to complete probate within one year of the decedent's death;
  • Freeze estate assets until debts are settled;
  • Render beneficiaries pay for the unpaid debts;
  • Take away the authority role from the executor or personal representative of the will;
  • Appoint a conservator to handle estate matters irrespective of beneficiaries' interests;
  • May hold a liable executor with theft, embezzlement, or fraud.

• Can you avoid probate in Manteca?

  Yes, you can. Some properties are not subjected to probate in Manteca, which include assets held in a living trust, owned jointly with the right of survivorship, estate under beneficiary deeds, and accounts with named beneficiaries, such as life insurance policies, retirement plans, or bank accounts. In addition, for assets with a total value of less than $166,250, affiants may be able to avoid probate by submitting petitions for small estates procedure to court.

• How does probate work in Manteca when the property is out-of-state?

  Even though the decedent was a Manteca resident at the time of death, ancillary probate must be filed in the state where the decedent's estate is situated out-of-state. Ancillary probate takes place since a probate court in one state has no authority over one or more properties located in other states; this process involves probate proceedings going on simultaneously in different states to claim the estate.

• Are there exemptions for ancillary probate in Manteca?

  The exceptions to ancillary probate are similar to standard probate in Manteca. These include:

  • If the total value of the property does not exceed the small estate threshold;
  • If the ownership structure can be passed directly to a beneficiary or joint owner outside of the probate process;
  • If the estate is set under a revocable living trust;
  • If the use of transfer-on-death deeds is allowed.