Best Probate Lawyers in Redwood City

FAQs

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

  For non-emergencies, the Redwood City Police Department can be reached at 650-780- 7100.

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

  You can obtain a copy of a police report for your case from the Records Unit of the Redwood City Police Department. The Records Unit is open to the public Monday to Friday, 8 a.m. to 5:30 p.m., excluding city-observed holidays. You can also contact the office by phone at (650) 780-7100 during these hours. Please note that police reports may only be released to authorized parties in accordance with State law.

• What are the governing regulations for a probate proceeding in Redwood City?

  In Redwood City, probate proceedings are overseen by the California Probate Code Division 7 mandates, covering estate administration (PC 7000 - 12591). These procedures are further supplemented by local court rules, which are vital for the personal representative and their legal counsel to follow. Moreover, the California Rules of Court play a significant role, emphasizing the necessity for compliance on multiple jurisdictional levels.

• How can one file a probate petition in Redwood City if the deceased individual owned property there but was domiciled elsewhere?

  The designated personal representative must take action in two locations to file a probate petition in Redwood City for a deceased individual who owned property there but resided out of state. Within one month of the death, the representative must begin probate procedures in the decedent's home state and San Mateo County, where Redwood City is. The process involves submitting a filled-out probate form, the will, the death certificate, and a $435 filing fee at the county's Superior Court office.

• What obligations does an executor in Redwood City have to the assets of an estate?

  Upon accepting the executor role in Redwood City, an individual takes on the responsibility of safeguarding all estate assets - whether tangible, personal, or intangible. They must maintain these assets in good condition until they're sold or distributed as the will directs. The executor can engage the services of professionals like attorneys, property supervisors, accountants, and insurance consultants, using the estate's finances.

• What are the key distinctions between trust sales and probate sales in Redwood City?

  When handling a Redwood City property through a trust sale, the buyer faces no unique responsibilities, as the deceased owner's directions for the property's transaction are within the trust. This eliminates court involvement, thus quickening the process. On the other hand, in probate sales, court supervision is mandated for the entire procedure, potentially increasing the time frame and costs for the seller due to administrative responsibilities.

• How does the California Uniform Transfers to Minors Act (UTMA) work in Redwood City when gifting assets to a minor?

  In Redwood City, under the UTMA, individuals intending to transfer assets to a minor must appoint a custodian to oversee the property until the minor attains a set age, ranging from 18 to 25 years old. In cases where children have significant personal income and receive an unexpected inheritance or large gift without an appointed property manager, a will-designated property manager can handle these assets.

• 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.