Best Probate Lawyers in Oakland

Frequently Asked Questions

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

  The non-emergency number of the Oakland Police Department is 510-777-3333.

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

  You may request for Oakland incident reports by email through opdrecordrequest@oaklandca.gov. You can also request the a copy from the public records request coordinator by calling (510) 238-7143. If through mail, you can send the request at: Public Records Request Coordinator OPD Records Section 455 7th Street Room 306 Oakland, CA 94607.

  The request form can be downloaded at https://oaklandca.s3.us-west-1.amazonaws.com/government/o/OPD/s/document/dowd002885.pdf.

• How much do fees for probate lawyers and executors cost in Oakland?

  Oakland probate fees are dependent on an estate’s value, determined by California’s probate codes 10800 and 10810. The 2023 rates for executor and statutory attorney fees are:

  • 4%: first 100,000 dollars;
  • 3%: the next 100,000 dollars
  • 2%: the next 800,000 dollars
  • 1%: the next 9,000,000 dollars
  • 0.5%: the next 15,000,000 dollars

  For amounts over 25,000,000 dollars, the compensation is determined by the court. An Oakland estate’s value does not include its debts, only its eligible assets’ gross value.

• What are some common Oakland probate court fees being charged in California?

  Some common Oakland probate court fees being charged in California are the following:

  • Initial filing of letters testamentary or letters of administration petition: $435
  • Executors’ final distribution fee: $435
  • Petition for administration not subject to the initial filing fee: $200
  • Search for estate’s documents: $15 for every search lasting more than 10 minutes
  • Delivery of the will to the court where the estate is to be administered: $50

• In what order does an Oakland estate pay debts if it lacks assets?

  If it lacks assets, an Oakland estate pays debts in a certain order specified by California law. The first that should be paid are personal income taxes. The probate administration fees are paid next, including court filing fees, executors' fees, and attorney’s fees. After this, the unsecured ordinary creditors get pro rata payments based on how much their claims cost. The estate’s heirs are not held responsible for the decedent’s remaining unpaid debts.

• How long does an Oakland probate take?

  A probate in Oakland can be time-consuming and usually lasts from nine months up to two years. Complex cases take longer, especially those in which the decedent left substantial real estate and assets behind. There are several steps in the process in California. These include filing the petition; notifying beneficiaries and creditors; gathering information on assets; filing taxes; settling payments with creditors; and giving the remaining assets to the beneficiaries in accordance with the will or the law.

• What assets are exempted from probate in Oakland?

  Oakland assets exempted from probate include those held in trust or have joint tenancy. Examples include the following:

  • Right to survivorship, where properties go to a surviving owner once the other owner dies
  • Trusts or living trusts
  • Retirement accounts such as 401(k)s and IRAs
  • Payable-on-death or POD accounts which allow owners to keep assets private and accessible
  • Life insurance policies