San Jose Probate Attorney

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.

Understanding Probate in San Jose

Navigating probate in San Jose can be overwhelming, especially for those grieving the loss of a loved one. While resources like the Santa Clara County Clerk-Recorder's Office offer information on the probate process, many still struggle with the legal complexities, emotional toll, and local requirements involved. Whether you're in downtown San Jose or outer neighborhoods, understanding your role in probate is vital.

Common challenges during probate include confusion over asset distribution, handling debts, navigating local tax laws, and maintaining compliance with California’s probate regulations. The process can stretch for months, leaving beneficiaries anxious about their inheritance. Disputes among family members can further complicate matters, adding stress to an already difficult time.