San Mateo County Probate of Wills
The San Mateo probate attorneys at Fox, Shjeflo, Hartley & Babu LLP have substantial experience assisting clients with the probate of wills in California, including probate administration and related probate litigation, as well as other estate planning matters. Our attorneys assist personal representatives, also known as executors, beneficiaries, and others in San Mateo, Silicon Valley, and throughout the San Francisco Peninsula.
What is the San Mateo probate process?
In San Mateo and throughout California, probate is a court-supervised process where the final will of a deceased person (decedent) is proved to be valid, the provisions of the will are given effect, an executor is appointed, and the decedent's estate is distributed to named beneficiaries. If the decedent died without a will, the estate must be distributed to the decedent's next of kin in accordance with California's law of intestate succession.
Once a decedent passes away, a San Mateo probate attorney can help a beneficiary file a petition of probate with the court for an order that determines the time and place of the decedent's death and officially appoints the executor. Creditors, beneficiaries, and others are given notice and time to file claims against the estate. Sometimes, a probate lawyer in San Mateo County is needed to track down heirs to give them notice.
After the petition is filed, a hearing is scheduled. If anyone objects to the petition or contests the will, the hearing is used to resolve these issues. When a will is upheld, the executor manages all aspects of the estate, including:
- Inventorying assets
- Paying creditors, bills, and taxes
- Managing real property or businesses
- Filing an accounting
Once the executor completes all of his or her duties, often with the guidance of a probate lawyer in San Mateo, a petition is filed to distribute the remaining assets to the beneficiaries.
San Mateo County probate litigation attorney
The probate process can be complex and time-consuming, taking months or even years to complete. When issues are in dispute, the resulting probate litigation can make the process even longer. Examples of common probate disputes include the following:
- Will contests
- Fraud, undue influence, or incapacity
- Beneficiary disagreements
- Executor's breach of fiduciary duty or conflicts of interest
- Accounting disputes
- Removal of an executor
A San Mateo probate litigation lawyer can ease the burden of protracted probate administration or litigation by offering advice and guidance throughout the process. Our probate lawyers offer comprehensive assistance, including advising executors on how to comply with fiduciary duties, as well as representing the interests of beneficiaries or disinherited heirs.
Experienced San Mateo County probate lawyer
We welcome the opportunity to serve your probate and estate planning needs. Contact Fox, Shjeflo, Hartley & Babu LLP to schedule a complimentary consultation with one of our experienced San Mateo County probate attorneys.
