Best Probate Lawyers in Sacramento, CA

FAQs

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

  For non-emergency matters, call the Sacramento Police Department at 916-808-5471.

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

  To obtain a copy of a Sacramento police report, submit a request at https://www.cityofsacramento.org/Police/How-Do-I/Request-A-Report. Alternatively, you may mail in your request to: Sacramento Police Department Attn: Records Report Requests 5770 Freeport Blvd., Suite 100 Sacramento, CA 95822.

• Who determines the proper division of property in Sacramento?

  When an estate enters probate in Sacramento, the courts determine the equitable distribution of the estate's assets. Generally, properties go to the decedent's family members. Once the associated fees and other outstanding costs have been settled, the state will distribute any remaining funds to the decedent's surviving spouse and children. If the person is unmarried or has no children, the estate may go to parents, siblings, grandparents, and other relatives. If the decedent has no existing family members, the estate can become a property of the state.

• How do you start the probate process in Sacramento?

  The first step you must take to initiate the probate process in Sacramento is to file the deceased person’s will with the Probate Division of the Sacramento Superior Court. An experienced probate lawyer can help you file the will and ask the Probate Court to appoint the personal representative named in the will.

• What should you do in a Sacramento probate case if the decedent did not name a representative?

  In Sacramento, if the decedent did not specify a personal representative, you may seek to be appointed by the Probate Court as an administrator. This is also the step to take if the supposed executor has died or the decedent has left no will at all. The attorney will then help you serve notice on the creditors and beneficiaries of the estate.

• What are your duties as an executor or administrator in a Sacramento probate case?

  Once you have been appointed as the executor or administrator of a probate case in Sacramento, you are responsible for gathering all the essential records and accounts of the decedent. This process takes a lot of time, especially if the deceased did not keep thorough records of their estate. You also have the legal duty to distribute the assets after petitioning the California probate court to close the estate administration.

• Will you get compensated in a Sacramento probate case if you are appointed as the decedent’s personal representative?

  Yes. You may get compensation if you are appointed as the decedent’s executor or administrator in Sacramento. The amount you will receive is equivalent to the statutory fees stated in Probate Code Section 10810, which are as follows:

  • 4% on the first $100,000;
  • 3% on the next $100,000;
  • 2% on the next $800,000;
  • 1% on the next $9,000,000;
  • One-half of 1% on the next $15,000,000;
  • For amounts exceeding $25,000,000, the court will determine a reasonable quantity.

• 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.