San Diego Elder Law


Probate Planning

Prompt Distribution to Beneficiaries

At San Diego Elder Law Center, we handle all probate and estate administration needs of our clients. We are knowledgeable in how to promptly pass property, when possible, without costly probate proceedings. In many cases, we can use “summary” proceedings avoiding formal probate. If a formal probate is necessary, we can handle it efficiently and quickly. We are experienced in representing executors, administrators, and beneficiaries who wish to make sure their rights are being protected. The cost of a formal probate is set by law, and is the same for an experienced specialist and an attorney handling their first matter. The wise consumer therefore looks for good credentials and experience to help you ensure the estate is settled promptly and properly.

Probate Questions

Probate refers to the legal distribution of property after the death of a property owner. It may involve the distribution under the provisions of a will, or, if the decedent died without a will, “intestate” proceedings where the law determines the beneficiaries. In a formal probate, an executor or administrator is appointed by the court. This person, under the court’s supervision, collects the property of the deceased. Debts are paid, tax returns are filed as needed, and any taxes due will be paid. Disputes, if any, will be resolved. Ultimately, at the end of the formal probate process, the property is passed on to the decedent’s heirs free from any claims of third parties or creditors. Often, “summary” or abbreviated alternatives exist. In other cases, property that has been inadvertently omitted from a trust can, upon application to the court, be put in the trust to avoid a probate…even after the death of the person who created the trust. An experienced probate attorney will be able to analyze the estate and tell you if you are eligible for any such relief. These “summary proceedings” can save substantial time and expense.

At San Diego Elder Law Center, Probate is last phase of several Elder Law disciplines we offer our clients when protecting them during the latter years of life. During the Probate process we handle the confusing legal maze and significant administrative needs and paperwork required by probate proceedings. We have many years of experience in how to pass property, when possible, without formal probate.

Look for Certified Legal Specialists or those with clear experience in Probate.

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on Probates