Best Probate Lawyers Victorville, CA

Victorville, CA Probate FAQs

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

  The non-emergency contact number for the Victorville Police Department is 760-241-2911.

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

  You can get a copy of police reports for incidents related to your case in Victorville at the San Bernardino County Sheriff’s Department's Records Division. The public counter at 655 East Third Street is open from Monday to Friday, from 8 a.m. to 5 p.m. You can also contact 760-955-5188 or records@victorvilleca.gov for further instructions.

• How soon do you need to file a probate in Victorville?

  The person who has the decedent's will must file or lodge it with the superior court of the county in which the decedent lived within 30 days after the person dies. You need to submit the completed petition for probate form, the will, and the decedent’s death certificate. Note that in Victorville and throughout California, there is a filing fee of $435.

• Does an executor or administrator of an estate in Victorville receive compensation?

  Yes, an executor or administrator of an estate in Victorville can receive compensation. Under California law, the executor or administrator of an estate can be paid a specific percentage of the total assets of the estate. The percentage depends on the total value of the assets in the estate. The California Probate Code § 10810 states that the executor or administrator can get up to 2%–4% of the total estate if the will doesn't explicitly detail executor compensation.

• What happens if you don't file probate in Victorville?

  If no one files probate for a person who has died and owned assets in Victorville, then the court can freeze the decedent’s assets. This means that the decedent’s assets will be inaccessible to heirs and other beneficiaries until debts are paid. Institutions holding the decedent’s assets will not be able to transfer ownership of the decedent's assets to his or her loved ones without any legal authority.

• Is probate necessary for small estates in Victorville?

  Under California law, probate is not required for small estates. To be qualified for the small estate exception, the value of the decedent's estate in Victorville should be less than $184,500 and not include real estate. If the estate includes both personal and real property within the said simplified probate threshold, the administrator can file a Petition to Determine Succession to Real Property; Order Determining Succession to Real Property; and Personal Property, Inventory and Appraisal, and Notice of Hearing.

• What if the heirs and beneficiaries in a will in Victorville are missing?

  If an heir or beneficiary in a will in Victorville cannot be found, the administrator must exercise due diligence in searching for them. The administrator of the will must exhaust all efforts to find them by advertising in a local newspaper, searching online, writing to known addresses, or even hiring a private investigator. If every effort has been made and no heirs or beneficiaries have been found after five years, then the decedent's assets will be distributed to the rest of the heirs and beneficiaries as appropriate by the estate administrator.