Best Probate Lawyers in Mountain View, CA

FAQs

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

  For non-emergencies, the Mountain View Police Department can be contacted at 650-903-6344.

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

  You can request a copy of your Mountain View incident report through the Open Public Records Portal at https://cityofmountainviewca.nextrequest.com/.

• What is the process for contesting a will in Mountain View?

  If you wish to contest a will in Mountain View, you must file an objection when the probate petition is presented to the superior court. You can base your contestation on various grounds such as coercion, excessive persuasion, deceit or fraud, improper execution of the will, forgery, or mental incapacity of the testator. You must make your contestation before the court accepts the will into probate, which solidifies the will's legitimacy.

• What is the process for a beneficiary in Mountain View to legally transfer a small-valued real property to their name?

  In Mountain View, if an individual inherits a small-scale real estate worth $50,000 or less, they must submit the notarized DE-305 form provided by the California Judicial Council to the Clerk of the Superior Court. The individual must adhere to specific guidelines, including a six-month time frame posts the property owner's passing and the settlement of all related expenses. Once approved, the heir can obtain a clear title via the County Recorder.

• How can one set up a joint tenancy for their properties in Mountain View?

  In Mountain View, you can establish a joint tenancy by drafting a legal document, such as a deed or a title. This document must state that the asset is owned jointly and list the names of all joint tenants. Joint tenancy enables equal ownership among several individuals, ensuring that, upon a tenant's passing, their share transfers directly to the surviving co-tenants, bypassing probate court. This arrangement is frequently employed for land, structures, banking assets, securities, and vehicles.

• What is the process for closing probate in Mountain View?

  To close a probate in Mountain View, a personal representative must keep track of all estate transactions, account for all assets, and request approval for distribution. They must submit a report to the court detailing all activities and expenses incurred during the probate, followed by a petition for approval of accounting and distribution. Once the petition is approved, the assets can be distributed, and receipts collected. The personal representative can then submit a petition for discharge and close the probate.

• What are the benefits of setting up a living trust for estate planning in Mountain View?

  Setting up a living trust in Mountain View can help avoid probate, which can be costly and time-consuming. With a living trust, the assets held in it will be managed by the successor trustee if the trust creator dies or becomes incapacitated. The successor trustee can distribute the assets to trust beneficiaries without probate court approval. By adequately funding the trust and updating its provisions, one can have better control over their assets and ensure their wishes are fulfilled.

• 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.