San Jose Probate Attorney

Contact Our Estate Planning Law Firm Today At (408) 643-0942

Looking for an experienced and knowledgeable attorney to help you with probate administration? If so, contact the Law Offices of Timothy D. Henry immediately. I am well-qualified to answer any questions you have and help you perform your duties as a personal representative.

Helping You Understand The Probate Process

Contrary to images depicted on television, when a loved one passes away, loose ends are not necessarily tied. In many instances, in order for a title to be transferred from the decedent's assets and property to the beneficiaries, the estate will have to go to court to be probated which can often take upwards of eight months.

Probate is the process where the court validates or proves a will and a decedent's financial affairs are settled. In order to wrap up a decedent's financial affairs, an executor (if there was a will) or an administrator (if there was no will) are appointed by the court to carry out the following duties:

Fiduciary Duty of the Personal Representative

Executors and administrators, otherwise known as personal representatives, are entrusted with a great deal of responsibility and have a significant level of power when settling an estate. Personal representatives have a fiduciary relationship with beneficiaries where they are held to the highest standards. This fiduciary relationship requires that executors and administrators act in the best interests of the beneficiaries at all times. Unfortunately, a personal representative, when acting in good faith, can make mistakes due to lack of experience or knowledge of California's probate laws.

When such an error cause’s harm to an estate, a beneficiary can petition to have the personal representative removed and held accountable for losses suffered by the estate. If you have been appointed executor or administrator of an estate, contact me! I can explain your rights and responsibilities and guide you through every step of the probate process.