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San Jose Probate Lawyer

Protecting Your Rights and Interests in Probate

If you are seeking a San Jose probate attorney, contact the Campbell Law Office. For more than 25 years we have been focused on this area of the law. Our two attorneys, Sue Campbell and Matthew Minser, take the time to listen to your needs and we will develop a plan that is specifically designed to meet your goals. Call 408-277-0648 to speak with an experienced San Jose probate attorney. 

Probate is the legal process to administer an estate of a person that died with a will or who died intestate (with no will or trust). In probate, the court will ensure that the will is properly executed and that property is properly distributed to rightful beneficiaries. This process is overseen by the person who is named the personal representative in the will or, if there is no will, a person approved by the court. It is a complicated procedure that requires filing several court documents. The estate cannot be transferred to the new beneficiaries without following these procedures. The probate process can take up to a year to complete.

California Probate Fees

The fees that an attorney may charge for a probate in California are set by statute. This statute can be found at California Probate Code Section 10810.

The fees are as follows, based on the gross value of the probate estate:

  • 4% on the first $100,000

  • 3% on the next $100,000

  • 2% on the next $800,000

  • 1% on the next $9,000,000

  • ½ of 1% of the next $15,000,000

  • For all amounts above $25,000,000, a reasonable amount to be determined by the court.

The Campbell Law Office offers discounts off of the statutory fee based on the complexity of the case. Call for assistance with any questions or concerns including those related to:

  • Will disputes
  • Probate litigation
  • Individuals left out of will
  • Disputes on the way the probate is being handled by the personal representative

Many of our clients are children of a deceased person who have an interest in property or real estate in California. Probate is a complicated procedure but with an experienced and competent advocacy, you can avoid potential pitfalls and also minimize the time and expense of travel to make court appearances. An attentive San Jose probate attorney will take the time to review the facts of your case, identify your interests and will work to resolve your matter without you having to return to the state. It is quite possible to represent an out-of-state personal representative without them ever having to make a court appearance or even to return to California for any reason. Almost all transactions can be done by mail, e-mail and phone.

Will Contests and Actions Against the Personal Representative

The attorneys of the Campbell Law Office represent beneficiaries, creditors and other parties who have a dispute with the way the probate is being administered. A beneficiary or heir at law may also want to dispute the contents of the will. This is called a will contest. A will can be disputed if the decedent was unduly influenced in the preparation of the will or the will was fraudulently procured or not authorized by the decedent. If you have concerns, our San Jose Probate attorneys will review the matter to determine if you might have grounds to contest the will.

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