Best Probate Lawyers in Oakland

FAQs

• 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

• 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.