Probate

San Jose Probate Attorney

Our Law Offices Represent Clients in Various Estate Planning and Probate in Estate Administration, and the Transfer of Will and Trust Assets

When we lose our loved ones, probate administration often becomes a necessary concern. The personal representatives in charge of administration shoulder significant responsibilities as they must tend to the legal needs of the estate and its beneficiaries. In some situations, the probate process can give rise to family conflicts and lawsuits, which threaten to drive surviving family members apart as they fight for what they believe should have been included in their inheritance. Whether you are beginning probate litigation, trust administration, business succession, or have other probate law concerns, our California law firm will protect your interests throughout the entire process to pursue the most optimal outcome.

Or perhaps you are exploring estate planning for the future? Understanding probate’s significance, costs, and advantages is essential. With comprehensive estate planning, you and your attorney can ensure the preservation of hard-earned wealth, simplify the distribution of assets to your surviving loved ones, and take steps to hopefully prevent will contests and trust litigation from occurring.

At Keyes Law Group, PC, we help clients gain clarity and peace of mind. With over a decade of experience in diverse probate areas, we’ve successfully guided hundreds of families and trusts.

What is the California Probate Process?

Probate in California is the legal process for administering a deceased person’s estate, ensuring that their assets are distributed according to their will (or state law if there’s no will). 

The probate process consists of the following:

  • Filing Petition: The process begins with filing a petition in the appropriate California court, typically in the county where the deceased person lived at the time of their death
  • Appointment of Executor or Administrator: The court appoints an executor if there’s a will or an administrator if there’s no will. This person is responsible for managing estate administration
  • Inventory and Appraisal: The executor/administrator takes an inventory of the deceased person’s assets and has them appraised to determine their value
  • Debts and Taxes: Any outstanding debts and taxes are paid from the estate’s assets, which may involve selling property or assets
  • Distribution of Assets: After debts and taxes are settled, the remaining assets are distributed to the beneficiaries as specified in the will or according to state law if there is no will.
  • Close the Estate: Finally, when all trust and estate assets have been distributed, taxes have been paid, and claims have been settled, the estate is closed

Probate can be a lengthy and costly process, and it’s essential to seek legal counsel, especially for more complex estates or if disputes arise during the process.

How Much Does Probate Cost?

In California, estates valued at $184,500 or less follow simplified procedures. However, for estates exceeding this amount, specific rules apply. California’s legal code outlines a tiered fee system for estates over $184,500. The fee limit is 4% for the first $100,000, 3% for the next $100,000, 2% for the subsequent $800,000, and 1% for the next $9,000,000. Estates over $25,000,000 typically involve a judge establishing fair fees and special estate rules.

Keyes Law Group, PC, is your trusted partner for knowledgeable legal guidance through the California probate process. We excel in minimizing costs, ensuring strict legal compliance, and safeguarding your intentions during estate distribution. Our experienced attorney is here to assist you with all your probate needs. Contact our firm today and embark on a smooth and secure probate journey with confidence.

What Legal Services Does an Estate Planning Attorney Provide Clients During Probate?

Sometimes, describing the probate process can make it seem far simpler than it actually is. If probating the estate is not properly handled, the individual with fiduciary duty could become liable for any mistakes. It can be incredibly difficult for a personal representative to handle probate estate matters without a thorough knowledge of the laws and processes. It is highly recommended that personal representatives and trustees seek professional legal representation to assist them through the process.

Unfortunately, family conflicts, such as will contests or probate litigation, are common in probate court. A lawyer can address potential conflicts and clarify any questions or concerns that family members or beneficiaries might have.

Probating can also be a time-consuming process, often taking more than a year to conclude. Hiring a probate attorney can help streamline the process, allowing you to resolve legal matters in less time.

Outstanding debts must be settled during probate. While you work to resolve any debts, there is always the risk that you may accidentally overpay. An estate planning attorney can ensure you have the proper legal documents to ensure that creditors are not overpaid, underpaid, or paid incorrectly.

What is Probate Litigation, and Do You Require Legal Assistance? 

Probate can be an emotionally draining time in someone’s life, as they must contend with the loss of a loved one while also navigating a complex legal process. Sometimes, children, other family members, or those who believe they should have been named beneficiaries may feel insulted at being left out of a will or receiving unequal asset distribution. 

Will contest, probate litigation, and trust litigation can drive your surviving loved ones apart as they fight for the inherited property they believe they deserve.

Examples of probate litigation include the following:

  • Accusations of elder abuse, undue influence, fraud, or estate planning documents drafted under duress
  • There is more than one simple will, and this results in confusion about the valid legal document
  • The belief that the will’s creator lacked mental capacity due to dementia, Alzheimer’s disease, or some other mental health condition, thus rendering the will or trust documents invalid
  • Family disputes arising from conflicting interpretations of wills or trusts
  • Loss of confidence in estate administrators due to questionable business judgment, breaches of fiduciary duties, mishandling of estate or trust assets, poor communication with beneficiaries, and failure to pay appropriate taxes

Schedule an Initial Consultation with a San Jose Probate Lawyer Today

Our law firm represents clients in probate law matters across California, including San Jose, Santa Clara County, San Francisco, Santa Cruz, and the South Bay area. We want to help you simplify the probate process for yourself and all involved parties.

To learn more about the benefits of retaining professional legal services in probate proceedings, please contact our law firm to schedule your no-obligation case evaluation with our legal team today.

You can get in touch with us through our online contact form or by calling 408-443-2397.