Can I probate the will myself?

You may be able to do it yourself, especially if you get a good quality book to guide you or make sure your internet searches provide valid assistance but it will take a year and you will appear before a judge usually at more than one hearing. If your family all agree on the distribution, you may have help from your family but if there is a disagreement, an attorney is likely to be necessary to protect you as the executor or personal representative. Probate is a fiduciary duty and Attorney Cross will safeguard your interest as the fiduciary.

What if there was no will?

There are specific rules that apply to the estate of a person who dies without a will. A good probate attorney will be your best asset in this instance.

As the executor, why shouldn’t I just follow the instructions in the will and avoid formal probate?

You should probate a valid will unless you are the spouse, the decedent had a living will, or beneficiaries are named for all accounts and insurance policies. If you do not probate a will and any issues arise, you may be held liable for all expenses of the estate and damages to any heirs. If you are named executor, you will be held to your fiduciary responsibility to the decedent’s estate. Attorney Cross can guide you so that you fulfill your fiduciary duty and do not incur liability for errors or omissions.

What if my family members do not agree on matters concerning our loved one’s estate?

If you have conflict with beneficiaries or family members regarding the distribution of a loved one’s estate, you should speak with a Probate Litigation Attorney. They are skilled and experienced in dealing with all of the issues that can come up when potential inheritances are involved. This does not mean that you and your family will end up fighting each other in court. They specialize in diffusing problems and conflict and can best assist you with your options. Attorney Cross is not a litigation attorney. He specializes in Probate, Trusts, Wills and Estate Planning.

For more information see the Santa Clara Courts’ information: How to Probate a Decedent’s Estate

 
Why Hire Attorney Cross? When is probate needed?

Call us at 650-503-3078 or contact us using the form below.