San Diego Probate Attorneys
Professional and experienced representation for all of your Probate needs.
Call us at 619-649-2424Free Consultation
Who Needs a Probate?
You will need a probate attorney if a deceased individual has left an estate, with or without a will.
Heirs are usually children of the person who passed away but can be, in some situations, grandchildren, brothers or sisters, parents or any nearest living relative.
Probate is a court process which must be used when there is a will (testate) or when there is no will (intestate.) A probate attorney assists in filing the necessary paperwork and notices for the heirs.
Assets for probate include houses, automobiles, bank accounts, stocks, bonds and personal belongings.
Attorney fees are set by law. The schedule is 4% of the first $100k, 3% of the next $100k, 2% of the next $800k, 1% of the next $9 million and 5% of the next $15 million.
Costs include court filing fees, notices and appraisals. The can be advanced by the attorney.
Our office prepares the court pleadings, including petitions, notices, accountings and disbursements. The courts require precision and timely filings. Our office can locate heirs, assets and sell or arrange transfers of real estate, stocks, bank accounts and any other assets.
Probate begins with a petition to the court with or without a will naming an executor after notice to all parties.
When the executor is approved by the court, the assets must be compiled, creditors paid, notices published, real estate transferred and interim and final accountings prepared and notice to the heirs. When all legal requirements are met, the estate is distributed.