What Is Probate and Why Do I Need a Lawyer?

Green & Green LLP, led by attorney Michael A. Green and located in Chula Vista, has effectively handled hundreds of probate cases over the past 40 years . Our father-son team of attorneys has a thorough understanding of this complex judicial process. We are able to help our clients through the entire probate and inheritance cycle successfully and as efficiently as possible.

When Is Probate Necessary? If the deceased did not have a valid living trust, any California estate consisting of over $100,000 in gross assets may be subject to probate. A "California estate" includes real estate assets in California owned by a person who was living out of state when he or she passed away. Probate is also necessary when a person passes away and no will exists.

If you need help understanding and dealing with probate, we can help. Our entire staff is committed to helping you and your family through a difficult time with compassion, professionalism and integrity.

Working With Families to Reach Resolution

Probate can be a time-consuming, costly and otherwise demanding ordeal. We will meet with the executor, trustee, or personal representative on an ongoing basis in order to anticipate any issues and help plan for the best, most practical resolution. Our direct experience in this area sets us apart, and we will:

  • Explain the probate process clearly, in terms you can understand
  • Offer an honest, up-front assessment of how long the probate case may take, as well as an estimate of the fees
  • Provide direct access to a probate attorney and experienced paralegal to handle your case and answer all your questions throughout the process

Caring and Professional Service, Every Step of the Way

From filing the probate petition and appointing the executor or administrator, through a hearing, the waiting periods and the distribution of assets, we are versed in issues including:

  • Dealing with creditors' claims on the estate, including identifying those that may be invalid or that may allow negotiation
  • Analyzing any type of paperwork you encounter, providing personal attention and clear explanations of your obligations and options
  • Resolving complications created by the absence of a will or an inadequate estate plan
  • Providing long-distance guidance to families from other states whose deceased loved ones owned real estate in the San Diego area, which may be subject to administration by the San Diego probate courts
  • Resolving will contests and other probate litigation

Proper Estate Planning Today Can Avoid Probate in the Future

There are many excellent reasons to pursue estate planning that prevents your property from going through probate after your death. The most common and effective means of doing this is the drafting and formation of a living trust. For more information, please consult our responses to frequently asked questions about trusts.

At Green & Green LLP, we will be pleased to help you assess your estate planning options in an informative consultation. Contact us today to schedule one.