San Bruno Probate Attorney Ready to Guide You
About San Bruno, California
As a city in San Mateo County, CA, San Bruno is located between South San Francisco and Millbrae, approximately 12 miles south of downtown San Francisco. With a population of approximately 45,000, San Bruno spreads from the flat lowlands near San Francisco Bay into the foothills of the Santa Cruz Mountains. San Bruno City Park, a major municipal park bordered by Crystal Springs Avenue, offers shady walkways, hiking trails, a municipal swimming pool, a playground, picnic tables, and an indoor basketball court. Another park, Junipero Serra County Park, is also accessible from Crystal Springs Avenue, offering numerous hiking trails. San Bruno is known as the “City with a Heart,” renowned for its beautiful parks, as well as for being a thriving high-tech business center. San Bruno is just minutes from one of the Bay Area’s most unusual buildings—Sam’s Castle. The house is modeled on a medieval castle and its many eccentric owners have added history to the building. Just like those in any area of the United States, residents of the area could find themselves needing a San Bruno probate attorney from the Law Office of Mark Gullotta.
What Probate Services Does the Law Office of Mark Gullotta Provide?
Perhaps you have just lost a loved one and are now facing the prospect of California probate. Whether you were named as executor in the decedent’s will or have applied to be appointed by the court as the executor, most people in your position could benefit greatly from having a San Bruno probate attorney’s assistance. The Law Office of Mark Gullotta has helped many, many people who found themselves in the position of executor with little knowledge of how to proceed.
The average individual has little knowledge of the probate process—and little time to deal with it. An experienced probate attorney can help move the estate through the courts, preparing and filing all necessary probate paperwork. The probate attorney will assist in gathering all assets as well as obtaining appraisals when necessary. Should the estate be particularly complex, the probate process can be significantly strengthened by having a knowledgeable probate attorney. If the will is contested, the probate attorney can defend the estate against any potential challenge.
The probate attorney will assist the executor in keeping all estate assets safe (insured, maintained, and safeguarded) and can file tax returns on behalf of the decedent and for the estate. Following the Notice to Creditors, creditors only have four months to come forward with a claim. If the decedent did not leave enough assets to cover creditor expenses, then the claims must be paid from estate assets. This can be complicated, especially for the average layperson.
A probate attorney can help determine whether probate is necessary at all, separating assets owned in joint tenancy or community property (or those addressed in a trust) from probate assets. In the state of California, if the total value of the estate is $166,250 or less for a death that occurred prior to April 1, 2022 or $184,500 for a death that occurred on or after April 1, 2022), a formal probate may not be required. In these cases, assets can be claimed with an affidavit, or through a streamlined summary probate process. Probate is simply a much less stressful task when you have a San Bruno probate attorney from the Law Office of Mark Gullotta by your side.
If there is a will, is probate required?
Probate is required when the decedent left a will as well as when there is no will—unless the decedent handled assets through a trust or other estate documents. California—like every state—has its own unique set of rules and statutes related to probate. Probate is required in the state of California, although a simplified probate process is available for estates worth less than $166,250 for a death that occurred prior to April 1, 2022 or $184,500 for a death that occurred on or after April 1, 2022. If assets owned in joint tenancy then those assets do not have to go through the probate process. As an example, a house that is titled in both spouses’ names with the right of survivorship may not have to go through probate. A life insurance policy with a named beneficiary falls outside probate as well. If probate sounds complicated to you, you will be glad to know you can structure your estate in such a manner that your loved ones can avoid probate following your death.
What happens if you do not file probate in California?
When a decedent created their will, they could have named an executor or administrator to be responsible for ensuring their final wishes would be carried out. This is known as the probate process and includes paying outstanding debts and distributing assets and properties according to the decedent’s wishes. If you were named as an executor, you are probably aware of this fact. This obligates you—legally—to file the decedent’s will with the superior court in the county where the individual resided. You have 30 days after you find out that someone has died to file for probate otherwise you may waive your right to appointment. However, until a probate is opened, no assets can be legally transferred to beneficiaries or sold to pay estate debts. In some cases the estate would continue to accrue expenses that the estate could be held liable for.
How San Bruno Probate Attorney Mark Gullotta Can Help with Probate
Attorney Mark Gullotta is an experienced, knowledgeable probate and estate planning attorney. With 15 years of estate planning experience, Mark was certified as one of the top attorneys in North America from 2015 through 2019. The Law Office of Mark Gullotta offers 15-minute assessments, upfront pricing, comfortable planning, and a simplified estate planning process that minimizes surprises. If you are looking for highly-skilled legal representation for the probate process or other estate planning issues, contact the Law Office of Mark Gullotta.