Best Probate Lawyers Lancaster, CA

Lancaster, CA Probate FAQs

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

  The non-emergency contact number for Lancaster Sheriff's Station is 661-948-8466.

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

  You can get a copy of police reports for incidents related to your case in Lancaster by filling out and submitting this form here: https://prr.cityoflancasterca.org/Forms/prr. You can also make a request in person at the City Clerk’s Office on the second floor of City Hall, 44933 Fern Avenue, or by calling them at 661-723-6020.

• What is a probate referee in Lancaster?

  The California State Controller is responsible for appointing a probate referee. As a probate referee in Lancaster, his or her job is to perform reliable, prompt, and low-cost appraisals of all types of estate assets. They are required for the court's resolution of an estate. Probate referees also coordinate with an estate’s executor to appraise the value of all non-monetary assets within the estate and fill out Form DE-160. They can also be tasked with valuing the assets of an estate outside of probate, like the contents of a trust.

• Will your entire estate go through probate in Lancaster?

  No. In Lancaster, some assets and property are distributed immediately upon death and do not need to go through probate. Assets that need to go through probate are any personal property or real estate that the decedent owned in their name before passing. This can include a home, car, furniture, or household goods. Intangible assets, like stocks or savings accounts, can also be considered probate assets. Assets that a decedent did not own individually, such as jointly owned property, are not subject to probate.

• What happens when someone dies without a will in Lancaster?

  If someone dies without a will in Lancaster, the probate court will distribute the individual's assets in accordance with California’s intestate succession law. The state will decide who inherits a decedent’s property when the decedent dies without a will, following California Probate Code sections 6400–6455. The court will then proceed by appointing an administrator to oversee the decedent’s intestate estate, usually the surviving spouse or a public administrator if there are no known heirs.

• Who gets paid first in a probate in Lancaster?

  A personal representative or someone administering the estate in Lancaster must first pay the decedent's debts; expenses of administration; obligations secured by a mortgage, deed of trust or another lien; unpaid expenses; and general debts. Once all of these were settled, the beneficiaries would then be paid their distributions from the estate according to California law.

• What are the tax obligations involved in probate in Lancaster?

  The personal representative of the estate handles tax obligations before distributing assets from the estate to beneficiaries in Lancaster. The executor will need to pay estate taxes if the estates of those who died in California exceed the exemption threshold. Federal estate taxes apply to assets with an overall value of $12,060,000 and above. The executor will also need to file a final income tax return on behalf of the deceased party to resolve any existing income tax obligations. The estate itself may be subject to income tax requirements if the estate plan requires an estate sale for the liquidation of certain assets and the estate earns more than $600 in revenue from the sale.