San Jose Probate Attorney
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.
Get the legal guidance you deserve!
Request Your Free Consultation
Why should you choose Timothy D. Henry?
I offer each prospective client a
I am a proud member of the
- 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
- 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
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