Best Probate Lawyers in San Diego

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in San Diego, California?

  The San Diego Police Department's non-emergency phone number is (619) 531‑2000.

• Where can I get a copy of police reports for incidents related to my case in San Diego, California?

  The San Diego Police Department provides three convenient options for obtaining a copy of a police report. Firstly, you can reach out to them by phone at (619) 531-2000. Secondly, you have the option to visit the San Diego Police Department in person at their location on 1401 Broadway, San Diego, CA 92101. Lastly, you can visit their website at https://www.sandiego.gov/police/services/faqs/traffic#report for more detailed information and assistance.

• What happens if a person passes away in San Diego without having a will?

  If an individual in San Diego dies without a will, a family member who is likely to inherit will start a Petition for Probate in court to become the Administrator. This person must have a good credit history because the court will ask for a bond unless all legal heirs of the deceased waive the bond requirement in writing and the Administrator resides in California. Employing a probate lawyer who can provide guidance is crucial, especially when processing creditor claims because dealing with creditors can be quite complicated.

• What are some potential grounds for disputing a will or trust in San Diego?

  Some of the potential grounds for challenging a will or trust in San Diego are:

  • Unlawful Influence: You can challenge a will or trust modification if you believe someone changed it for personal gain, especially in the person's later years.
  • Lack of Mental Capacity: The will or trust may be invalid if the creator or amender has lacked the mental capacity to comprehend the consequences of their actions.
  • Fraud: If a beneficiary manipulates the testator for personal gain or deceitfully excludes rightful heirs, the will can be invalidated.
  • Breach of Fiduciary Duty: Executors, conservators, and trustees have legal duties. They can be sued if they mismanage assets, distribute them incorrectly, or issue inaccurate estate reports.

• What are the duties of an executor in San Diego?

  The executor in San Diego must file the will with the court and initiate the probate process. Once approved, their primary responsibility is to notify parties with an interest in the estate according to California state statutes. The executor must also advertise the estate to allow creditors to make their claims, which are then reviewed and paid from estate assets. Only after these claims are settled can beneficiaries receive their portion of the estate. Following the notice period, the executor accumulates all of the decedent's assets and distributes the remaining assets by the will.

• What is the typical fee for probate attorneys in San Diego?

  Fees can vary based on case complexity. Typically, San Diego probate lawyers charge around $500 for filing a probate petition and another $500 for filing the petition for final distribution. Additionally, the estate is responsible for covering fees related to probate publication of the notice, California probate referees for asset valuation, and certification of court document copies.

• What is the duration of an administration in San Diego, whether it is probate or non-probate?

  Settlement times for estates in San Diego vary based on factors such as the value and the presence of a living trust or will. Larger estates with a living trust typically take 10-12 months to settle, while estates with just a will often require probate, which can take 15-20 months. Smaller estates with a living trust used to settle within 4-8 weeks, but a recent California law now mandates a specific notice to trust beneficiaries and heirs, allowing them four months (sometimes six months) to contest the trust. This extends the estate administration period, even though the substantive efforts typically still take 4-8 weeks. If probate is necessary, a standard timeframe is 10-14 months.