San Jose Probate Attorney

Why should you choose Timothy D. Henry?

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

• 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, even when acting in good faith, can make mistakes due to lack of experience or knowledge of California's probate laws.

When such an error causes 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.

As a probate attorney whom San Jose families can turn to in difficult moments, I help you understand which filings are required in the Santa Clara County Superior Court, what deadlines apply to your situation, and how to communicate with beneficiaries in a way that reduces conflict rather than inflaming it. I can also walk you through practical steps such as gathering financial records, securing real property, and coordinating with accountants so that you feel supported instead of overwhelmed.

Estate Administration Services in San Jose

Many people are unsure what “estate administration” actually includes or how it differs from probate, yet these questions are at the heart of what you must handle after a death. Estate administration involves organizing all of the decedent’s assets and debts, deciding which procedures apply under California law, and ensuring that final distributions match the person’s will or, if there is no will, the state’s intestacy rules. By understanding these tasks early, you can make better decisions about timing, paperwork, and when to seek help.

In my role as an estate administration lawyer in San Jose, families can work with me directly. I assist with creating an inventory of assets, confirming title and beneficiary designations, and determining whether non-probate transfers such as trusts or pay-on-death accounts affect the court process. I also help you evaluate which notices must be filed with the Santa Clara County Superior Court and other agencies, so that important deadlines are not missed, and you remain in compliance with California’s probate and tax laws.

For some families, estate administration also raises practical issues such as managing rental property, dealing with a family business, or deciding when to sell real estate in and around San Jose. I can help you weigh options for these decisions, coordinate with financial professionals when appropriate, and keep a clear record of each step you take as personal representative. This careful approach not only protects you in your fiduciary role but it also helps reduce misunderstandings among beneficiaries during an already emotional time.

Act fast to connect with an experienced San Jose probate attorney Use our online form to begin right away.