• It’s Never Too Early to Have a Plan

    A properly drafted estate plan can bring peace of mind for you and your family.

    Start Your Plan
  • Navigating the Probate Process

    Let me help guide you through the often complicated legalities of the probate process.

    Get Help
  • Know Who’s
    On Your Side

    I have a passion for what I do and understand how this area of law can affect your future.

    Learn More About Me
  • Start with a Free Consultation

    Let me help you plan for your future. Contact my office for your free consultation.

    Get Started

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.


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Why should you choose Timothy D. Henry?

  • I offer each prospective client a free consultation
  • I am a proud member of the WealthCounsel®
  • I representing clients throughout the Santa Clara County
  • I create personalized estate plans that reflect my client’s needs, long-term goals, and family dynamics

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:

  • Gather the decedent's assets and take control of them.
  • Notify all beneficiaries and creditors.
  • Manage the decedent's assets.
  • Pay all debts, claims and taxes against the estate.
  • Defend any lawsuits against the estate.
  • Provide periodic accountings to the court.
  • File all applicable final income tax returns (for the decedent) and estate tax returns.
  • Distribute the remaining assets to the rightful beneficiaries.

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.


Contact our San Jose probate attorney today!
Request Your Free Case Evaluation

  • It’s Never Too Early to Have a Plan

    A properly drafted estate plan can bring peace of mind for you and your family.

    Start Your Plan
  • Navigating the Probate Process

    Let me help guide you through the often complicated legalities of the probate process.

    Get Help
  • Know Who’s
    On Your Side

    I have a passion for what I do and understand how this area of law can affect your future.

    Learn More About Me
  • Start with a Free Consultation

    Let me help you plan for your future. Contact my office for your free consultation.

    Get Started

Contact Us

Law Offices of Timothy D. Henry
San Jose Estate Planning Attorney
Located at: 1871 The Alameda Suite 333
San Jose, CA 95126
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Phone: (408) 643-0942
Local Phone: (408) 560-2488
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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.