Probate Attorney
San Diego, CA
Friendly Law Office with Big Firm Results
Probate Doesn’t Have to Be Overwhelming—We Guide You Through It
Probate is the court-supervised process of transferring a deceased person’s property, settling debts, and distributing assets to heirs or beneficiaries. If your loved one passed away without a trust—or with assets left outside their trust—probate may be required.
At Prager Jones, we guide you through this process with care and clarity:
Full Representation in Court
We handle all filings, notices, and hearings so you don’t have to worry about legal missteps.
Straightforward Guidance
We break down what needs to happen, what’s optional, and what the court expects from you as Executor.
Real Estate & Asset Support
We coordinate appraisals, sales, and distributions, including guidance on taxes and debts.
At Prager Jones, we walk you through every step of the process with clarity, support, and legal precision.
(619) 439-7671
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Our Probate Attorneys
Key Probate Terms You Should Know
Understanding the probate process starts with the key terms used throughout all stages of probate.
Here’s what’s included:
- Intestate:
- Dying without a Will or Trust; the state decides who inherits.
- Decedent:
- The person who has passed away.
- Executor:
- The person appointed to manage the estate through probate.
- Heir vs. Beneficiary:
- An heir inherits by law when there’s no Will; a beneficiary is named in a Will or Trust.
- Letters Testamentary:
- The official court document that gives the Executor legal authority.
- Small Estate Affidavit:
- Used to transfer small assets (under $200K) without going through probate.
- Heggstad Petition:
- A special filing to bring assets into a trust if the decedent had one but left an asset outside of it.
Start with Confidence—We're Here to Guide You
Estate planning doesn’t have to be complex and overwhelming. At Prager Jones, we focus on making the process clear, thoughtful, and custom tailored to you. Whether you need a full estate plan, updates to an existing trust, or just answers to your questions, we’re here to help you protect what matters most—on your terms and your timeline.
When Is Probate Required?
- The decedent passed away with only a Will (no Trust).
- The decedent died intestate (without a Will or Trust).
- Assets of significant value were left outside the Trust.
Even if a Will exists, the probate court must formally validate it before any assets can be transferred to heirs or beneficiaries.
Understanding the Probate Process
Probate follows a defined legal path—but it can feel complex. We’re here to simplify it and take on as much as you want us to handle.
1. File the Petition
Submit the probate petition and the Will (if one exists). Filing must occur within 120 days of the decedent’s death.
2. Notify Heirs, Beneficiaries & Creditors
Legally required notices go to all parties. This starts the window for claims and challenges.
3. Receive Letters Testamentary
Once the judge approves the petition, the Executor receives authority to act on behalf of the estate.
4. Marshal & Appraise the Estate
Gather all probate assets, appraise them, and secure property. This includes managing real estate, bank accounts, and other valuables.
5. Pay Debts & Taxes
Settle outstanding debts, file required tax returns, and prepare a formal accounting for court review.
6. Distribute Assets & Close the Estate
Once approved by the court, assets are distributed. Final paperwork is filed to close probate and release the Executor from duty.
How Long Does Probate Take?
Most probate cases take at least 12 months, even in simple situations. Delays may result from court backlogs, missing documents, or disputes between heirs. In more complex estates, probate can last 18 months or longer.
What Does Probate Cost?
California probate fees are set by law and based on the gross value of the estate—not the net amount after debts. Both the Executor and attorney receive the same statutory fee.
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9,000,000
- 0.5% of the next $15,000,000
- Fees above $25 million are determined by the court
Additional "extraordinary" fees may apply for handling real estate sales, litigation, or complex asset management.
How Prager Jones Supports You in Probate
- Review and explain the Will and estate documents in plain terms
- Prepare and file all court-required documents and notices
- Handle all court appearances—only attend if you want to
- Guide you through every phase, including asset sales and tax filings
- Help resolve complications, disputes, or unusual assets
- Refer and coordinate with CPAs, appraisers, or other professionals as needed
Probate Consultation Form
To get started, complete this form, and we will contact you once received.
