Best Probate Lawyers in Mission Viejo, CA

FAQs

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

  Dial 949-770-6011 for a non-emergency dispatch from the police in Mission Viejo.

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

  Incident reports in Mission Viejo can be requested in person from the Records Division of the Orange County Sheriff's Department or via email, fax, or mail. Call the Records Division first at 714-834-6454 before making any request to confirm the report's availability. The OCSD can be reached through the following:

  Records Division Orange County Sheriff's Department 320 N. Flower Street / P.O. Box 449 Santa Ana, CA 92703 Fax: 714-834-5466 Email: reportrequest@ocsheriff.gov

• Can a spouse in Mission Viejo be held responsible for paying the rest of the deceased spouse's debts?

  It depends on the situation. If both spouses in Mission Viejo shared the same account for checks, credit cards, and bank transactions, then the surviving spouse may be held responsible for paying any outstanding debts. However, if an account uses only the surviving spouse's name as a reference, then they may not be responsible to pay it. Creditors generally obtain payment of debts from an estate before the remaining assets get distributed to heirs.

• Is it possible for a foreign will in Mission Viejo to be valid?

  There are certain criteria to follow when validating a foreign will Mission Viejo. First, the foreign will has to comply with current state laws. It also has to comply with the country where the decedent lived, was a native, or maintains a residence. Finally, the will has to abide by the laws of the place where it is executed.

• How long does it take to complete a Heggstad Petition in Mission Viejo?

  Accomplishing a Heggstad Petition in Mission Viejo usually takes around 60 days to three months. The process starts with filing a petition, then a hearing, and ends with a closing decision from the judge. It is used when an asset was not included in a living trust which now means the asset has to undergo probate. By filing the petition, the asset can be distributed to beneficiaries without undergoing the costly and complicated probate process.

• Are wills in Mission Viejo notarized?

  Wills in Mission Viejo and the rest of California do not need to be notarized to become valid. These must have at least two witnesses who were present when the will was signed and, at some point, understand they are signing the testator's will. Take note these two witnesses must still follow requirements such as having no interest in the will and not being forced or defrauded into being a witness.

• Does the probate court offer assistance to self-help petitioners in Mission Viejo?

  Self-petitioners in Mission Viejo can call the Probate Self-Help Team of the Orange County Superior Court at 657-622-7170. They can ask for assistance with reviewing completed forms and on how to fill out forms and obtain referrals. However, the self-help team cannot provide legal advice. Self-petitioners can also go in person to the probate court at the Costa Mesa Justice Complex located at 3390 Harbor Blvd., Costa Mesa, CA 92626.

• 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.