Probate

Follow these steps to hire a probate attorney if you've been named the executor of a will and you need immediate help.

6 Steps To Hire A Probate Attorney

The Tustin Police Department's non-emergency dispatch number is 714-573-3225.

Records requests can be made in person at the Tustin Police Department front counter, through the Records Unit's fax number 714-730-8027, or by mail sent to the Tustin Police Department, 300 Centennial Way, Tustin, CA 92780.

California state law, which is applied in Tustin, mandates that the representatives of an estate must complete the entire probate process within one year. There are certain cases, however, when this timeline is allowed to be extended up to 18 months. A thorough estate planning may reduce the amount of time for the conduct of probate.

No, family members do not need to pay inheritance or estate taxes as part of probate in Tustin because California law does not impose them. However, the family still needs to settle federal estate taxes, which should be paid within nine months after the death of the decedent. They have to file the deceased’s final individual federal and state income tax returns by the next regular filing date in April after the decedent’s passing.

Probate in Tustin is usually mandated when a decedent has real estate valued at more than $100,000 or if their personal property amounts to more than $166,000. A California court would need to oversee an estate’s transfer of asset and property ownership to its legal heirs, whether the deceased has a valid will or not.

According to California’s Probate Code S.6400, creating a well-drafted Tustin estate plan can help avoid expensive probate as it allows the owner to designate and choose their asset beneficiaries. Without this estate plan, the probate court may likely allocate the assets in a way that may not agree with the desires of the decedent. An estate plan helps prevent unnecessary disagreements among beneficiaries and ultimately helps avoid probate or trust litigation.

A Tustin will may not be enough to circumvent expensive probate if the estate’s total value, which includes cash, investments, real estate, and business and personal belongings, exceeds $150,000. In such a case, more extensive estate planning is needed beyond a basic will. Tustin residences valued at less than $400,000 are nearly non-existent, and this causes many residents to believe that their estate has less than $150,000 because they have no such equity.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.