Best Probate Lawyers in Turlock

FAQs

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

  Individuals can reach the Turlock Police Department at (209) 668-1200 for assistance in non-emergency situations.

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

  To acquire a police report, you must complete and submit an application form online via this link: https://www.cityofturlock.org/policedepartment/services/copyofapolicereportrequest.asp. Another option is to send your completed request form by mail to the address 244 N Broadway, Turlock, CA 95380. You can also personally visit the Turlock Police Department to obtain your desired document.

• How much does it cost to probate an estate in Turlock?

  The overall costs of probating an estate in Turlock vary depending on the size of the estate. Attorney's fees are set by law and are typically not paid until the case is resolved in court. Additionally, the executor or personal representative may be compensated for their services. If you have been named executor of a will or wish to initiate probate proceedings, you should seek the advice of a skilled and knowledgeable probate attorney.

• What assets are subject to probate in Turlock?

  If an estate is worth $166,250 or more, Turlock requires probate. If there is no real estate and the assets are below this threshold, a small estate affidavit can be used instead of probate. A petition to determine succession to real property can be filed for estates under $166,250, which is faster and cheaper than probate. Spousal property petitions can bypass probate for community property if the deceased was married. If none of these exceptions apply and the gross asset value exceeds $166,250, probate is required.

• What are the potential risks involved in disputing a will or trust in Turlock?

  No-contest clauses are frequently included in wills and trusts, preventing anyone in Turlock who challenges them from receiving benefits from the estate. If a person successfully challenges the will or trust, or if the court determines they had a good reason to oppose it, the clause may be overturned. If a lawsuit to invalidate a trust or a petition to contest a will is unsuccessful, the plaintiff or petitioner may be barred from receiving anything from the estate.

• Is it possible to open an estate account in Turlock prior to the probate process?

  No financial institution will allow you to open an estate account unless you have a certified copy of your letters and the estate's employer identification number (EIN). You can apply for an EIN after death at any time by submitting Form SS-4 to the IRS. It is recommended that you hire an accountant to handle the EIN acquisition during this time.

• Is it advisable to use a contingency fee agreement to cover the costs of probate litigation in Turlock?

  A probate case that is suitable for a contingency fee arrangement usually involves strong and persuasive evidence that significantly increases the chances of winning. You may have such a case if:

  • You have extensive real estate knowledge.
  • You were very close to the deceased.
  • The will or trust was received recently.
  • The will or trust prohibits the opposing party from using the deceased's funds for legal fees.
  • The deceased's mental incapacity is documented.

  In some cases, a contingency fee is reasonable, but hiring an hourly-rate attorney may save you money.

• 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.