Best Probate Lawyers in Santa Fe

FAQs

• What is the non-emergency contact number for the local police station in Santa Fe, New Mexico?

  505-428-3710 is the non-emergency dispatch line of the Santa Fe Police Department.

• Where can I get a copy of police reports for incidents related to my case in Santa Fe, New Mexico?

  To get a copy of a police report for incidents related to your case, you can visit the Santa Fe Police Department Records Section located at 2515 Camino Entrada, Santa Fe, NM 87507. The department's contact number is (505) 955-5751, and the fax number is (505) 955-5764. Printed reports and physical records can be obtained at Police Headquarters for a fee. Make sure you have the necessary information available, such as the report number, date, time, location, and involved parties' names, to expedite the process.

• Which court is responsible for handling matters related to probate in Santa Fe?

  The designated court for handling probate-related matters is the Santa Fe County Probate Court, located at 102 Grant Avenue in Santa Fe, New Mexico 87501. It is in charge of monitoring probate procedures, which include will authentication, estate administration, guardianship issues, and asset distribution. Call 505-986-6284 to reach the court directly if you need assistance.

• Is probate the exclusive means of managing an estate in Santa Fe?

  No. Depending on the particular situation, different choices are available. The probate procedure may be avoided if the decedent created a living trust. The process can be streamlined in cases when the person had few assets. Moreover, Santa Fe small estates up to $50,000 in value may be excused from the probate process. In such circumstances, regardless of the presence of a will, property transfer may be effected via an affidavit.

• Can the Social Security number of a deceased individual be used for managing their estate or trust in Santa Fe?

  The use of a deceased person's Social Security number for an estate or trust in Santa Fe is not permitted. The estate or trust needs a unique identification number of its own. The only exception is if you, as the surviving spouse, receive all of the assets directly or through a revocable living trust; in this situation, you are still permitted to use your own Social Security number.

• Are there any specific tax filings that need to be addressed after someone's death in Santa Fe?

  In Santa Fe, there are a number of tax-related issues that need to be addressed in order of importance. Among these is the submission of final federal and state income tax returns, which are due on Tax Day of the following year. A federal estate/trust income tax return is additionally due by April 15 of the year following the decedent's passing. A federal estate tax return might also be required if the estate's gross assets and preceding taxable gift value exceed $11.4 million.

• Who has the right to inherit the assets when an individual passes away without a will in Santa Fe?

  If a person dies in Santa Fe without leaving a will, state law determines who will receive their possessions. These laws, referred to as intestacy laws, serve as state-created wills to specify how the decedent's property will be distributed. When a person passes away without leaving a will (intestate), their assets often pass to their immediate family, beginning with a surviving spouse and children and subsequently including further relatives. The property might eventually go to the state if there are no heirs.

• 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.