Probate and Trust Administration by Experienced San Jose Attorneys

If you have recently lost a spouse, domestic partner, parent or other family member, we wish to offer our earnest condolences at this time of grief and loss. Whether you were named as executor in your loved one’s will, or even if your family member left no will we can help. Not all estates require a formal probate in California, and if your loved one left assets in a living trust that may be transferred without a probate, we can also assist with such transfers. If you are named as successor trustee of a deceased person’s trust, we can likewise help you fulfill your duties in the administration of the trust.

San Jose Probate Court
A formal probate is the court proceeding required in certain cases in order to transfer the property or “estate” of a deceased person or “decedent” to his or her heirs or beneficiaries. California courts have a special branch called the Probate Court in each county. If a formal probate proceeding is necessary, then a probate petition must be filed in the Probate Court of the county where the decedent resided.

If a probate is required, but your loved one has passed away without a will, then the decedent is considered to have died “intestate” — meaning “without a will.” In such cases, we will help determine who may serve as the “administrator” of the estate since no executor was named. Likewise, we will identify for you the persons to whom the decedent’s assets can be transferred under the California Probate Code’s rules of intestate succession.