Santa Clara County, CA Consumer Law

Tools and Resources for Santa Clara County, CA Consumers

California Inheritance Law & Probate Procedure

• California PROBATE COURT FINDER:
  
  • Probate Court for Santa Clara County: Key information about your local probate court (Probate Court in California) for Santa Clara County.
• How Probate Works in California: How to handle the probate of an inheritance at Santa Clara County's probate court.
  • Here are links to California probate forms from the California probate court website.
• Small Estates Procedures in California: Learn how to use California's Small Estate procedures that can save you time and money.

  • 
    In Massachusetts, there's no Affidavit procedure available for small estates. There is a summary probate procedure available for estates that have no real property and a value that is less than $25,000, plus the value of a vehicle. Interested persons must file a Will (if any), inventory of the assets and a list of heirs with the court, and offer to serve as a voluntary personal representative.

    Mass. Gen. Laws Ann. ch 190B, 3-1201 and following.

    You can also use a summary probate procedure for estates in which the value of the estate, less liens or encumbrances, doesn't exceed the homestead allowance, exempt property, family allowance, and costs of administration, funeral expenses, and last illness expenses.

    Mass. Gen. Laws Ann. ch 190B, 3-1203, 1204.

     

• California Estate Taxes:

  • The state of Massachusetts imposes an estate tax on property owned in Massachusetts. If you are inheriting property from the state of Massachusetts, it may be subject to estate tax if the overall value of the estate is more than $1,000,000.

• Avoiding Probate in California. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
  • Transfer on Death Deeds (TODDs)

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California Wage & Hour Law

• California Minimum Wage:  

  • The minimum wage in Massachusetts is $15 an hour. Because this is higher than the federal minimum wage of $7.25, employees in The Bay State must be paid at least $15 an hour. 

    Santa Clara County Minimum Wage

    The minimum wage in Santa Clara County is $15 an hour, the state minimum wage. However, cities and counties in California are free to adopt their own higher minimum wage, and dozens of cities and counties across the country have done so. To find out whether Santa Clara County has passed its own minimum wage law since we last updated, visit  https://www.sccgov.org/sites/scc/Documents/home.html.

    Sunnyvale Minimum Wage    

    In the city of Sunnyvale, the minimum wage is $18.55 an hour currently.

  • Learn more about the minimum wage in Massachusetts at https://www.mass.gov/minimum-wage-program.

• Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in California and whether they apply to you.

  • If you work more than 40 hours in a workweek, your employer must pay you 1-1/2 times your regular hourly wage for each overtime hour you work, unless you are exempt. For more information on overtime rules and exemptions in Massachusetts, see Pay and Recordkeeping: Overtime, at the Massachusetts Department of Labor Standards website. 

• Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in California. 

  • The Massachusetts Department of Labor Standards has posted information and forms to file a wage claim at its website. (These claims are filed with the Massachusetts Attorney General's office, not the Massachusetts Department of Labor Standards.)

• Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in California.

  • In California, your employer may pay you a minimum wage of $6.75 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $15 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.

• State Labor Board:
  • Learn more about your rights under California law from the Massachusetts Department of Labor Standards. (408) 277-1266

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California Unemployment Benefits

• Benefit Amounts in California: Learn how unemployment works, how much you'll get, and for how long.
  • In California, unemployment benefits range from $52 per week to $1,015 per week.
  • Formula:

    In Massachusetts, you can calculate your weekly benefit by adding up all of your wages during the two highest paid quarters of the base period; dividing this amount by 26 to determine your average weekly wage during this time; then dividing that total by two. 

  • Duration:

    In Massachusetts, you can receive unemployment benefits for a maximum of 30 weeks. When extended benefits are available or unemployment is low, the maximum is 26 weeks. 

• Eligibility: >Whether you qualify for unemployment.
• How to Apply: How to apply for unemployment in California.
• Unemployment Office Near Me? How to find your local unemployment office.

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Bankruptcy & Debt

• Free California MEANS TEST CALCULATOR for Santa Clara County (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for April 1, 2024)
• Free California BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under California law and Federal law, for use in filing out Schedule C, when you file for bankruptcy. 
• California BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
• FREE BANKRUPTCY FORMS:
  We'll tell you which bankruptcy forms you need and where to find them.

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Child Custody & Family Courts in California 

• State Standards For Custody Decisions: How California Courts make child custody decisions
• Family Court for Santa Clara County: Santa Clara County Family Court information, including maps, forms and links.
• Enforcement of Custody Orders: Can you enlist local police to help enforce a custody court order?
• Child Custody Lawyers: To help you handle your child custody matters.

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California Obamacare

• Sign Up: We have the latest on how to sign up for Obamacare Insurance in California!
• Is Health Insurance Mandatory in California? Learn about whether California imposes tax penalties for not having health insurance.
• Special Enrollment Periods: How to enroll because of a "special enrollment period."
• Rates & Providers in Your County: Information and rates for providers for Santa Clara County if you live in a state served by Healthcare.gov.

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Democracy In California, Santa Clara County, Sunnyvale 

• Elected Representatives: Find out the websites and phone numbers of those representing you at the Federal, State, County, and City levels of government.
• How to Vote: Learn how to register and where and when to vote in Santa Clara County, CA.
• Gerrymandering in California: Has your state been gerrymandered? Find out how to end gerrymandering and have voters pick politicians, not vice versa.
• Tracking Issues: Organizations that track legislation you care about 

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Find a Lawyer in Santa Clara County, CA

• Our Lawyers by Zipcode section allows users to find a local lawyer using the best online resources, including on topics we don't cover.
• DUI, Criminal Defense
• Auto Accidents & Personal Injury
• Immigration
• Legal Aid in California:
  • Massachusetts Legal Resource Finder 
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