Practice Area

Probate Estates

San Jose Probate Trust Attorney

Understanding the Probate Process in California

Probate is the process by which the superior court oversees the administration of a deceased person’s assets (e.g., house, bank accounts, brokerage accounts, and tangible personal property). During probate, the appointed personal representative collects the decedent’s assets, pays the decedent’s expenses, and then distributes the assets to the beneficiaries named in the decedent’s will or to the decedent’s heirs at law (the people who inherit if the decedent did not have a will). The process begins with the filing of a Petition for Probate.

Our dedicated attorneys assist administrators and executors with all stages of the probate process, including court hearings and the following:

  • Preparation of court pleadings
  • Addressing creditor claims
  • Assisting personal representatives in the preparation of an inventory
  • Marshaling estate assets
  • Sale of estate assets
  • Payments of the decedent’s debts
  • Resolution of claims brought by creditors or estate beneficiaries
  • Final distribution to those entitled to the decedent’s estate

 

The law imposes several duties and requirements upon personal representatives. The San Jose probate attorneys at Ferguson Law Group work closely with personal representatives to help them understand their fiduciary duties and to protect them from liability to the beneficiaries, the estate, or creditors. The San Jose probate attorneys at Ferguson Law Group draw on their litigation experience to help personal representatives avoid costly litigation whenever possible.

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For additional information about Ferguson Law Group’s Probate Estates services,
please contact: 408-296-3700

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