Handling Estates with Care and Efficiency
When a loved one passes away, the legal process of settling their estate can feel overwhelming — especially while you're still grieving. Our attorneys have guided countless families through probate and trust administration in Santa Clara County and throughout California, handling the procedural complexity so you can focus on what matters.
Whether the estate requires a full probate or a simpler administrative process, we assess every situation carefully and recommend the most efficient path forward.
Standard Probate Petitions
When someone passes away with assets titled solely in their name — and no trust or other transfer mechanism in place — those assets typically must pass through probate court before they can be distributed to heirs. We handle all phases of the probate process, from filing the initial petition to obtaining final court approval for distribution.
- Petition to open probate and appoint executor or administrator
- Inventory and appraisal coordination
- Notice to creditors and creditor claim management
- Probate accounting and court approval
- Petition for final distribution to beneficiaries
Trust Administration
When a revocable living trust exists, assets typically pass outside of probate — but the trustee still has significant legal obligations. We guide successor trustees through their duties, including notice requirements, asset marshaling, tax considerations, and distribution.
Conservatorship & Guardianship
When a family member can no longer manage their own affairs, a court-supervised conservatorship may be necessary. We handle both the establishment of conservatorships and ongoing reporting obligations to the court.
Spousal Property Petitions
A streamlined alternative to full probate for surviving spouses, allowing community and quasi-community property to be confirmed without a full court proceeding in many circumstances.
Heggstad Petitions
When assets were meant to be held in trust but were never formally transferred, a Heggstad petition can bring those assets into the trust estate — avoiding probate and honoring the decedent's intent.
Special Administration — Creative Solutions When Time Matters
Full probate can take a year or more and carries substantial court costs and attorney's fees. In many situations, that timeline and expense simply isn't necessary — and waiting isn't an option. Special administration is a tool we've used extensively to step in quickly, protect assets, and move matters forward when circumstances demand it.
We've handled special administration in a wide range of situations, including:
- Preventing foreclosure or preserving real property while probate is pending
- Managing or selling business interests that cannot remain unattended
- Addressing urgent creditor or tax deadlines
- Stepping in when an executor or trustee is unavailable, unwilling, or needs to be replaced
- Protecting estate assets from waste or dissipation during disputes
- Facilitating time-sensitive real estate transactions
A special administrator can be appointed quickly by the court and given authority to act on behalf of the estate — often within days rather than months. This flexibility is where we do some of our most meaningful work: finding the prompt, practical solution that full probate would never allow.
Conservatorship & Guardianship
Conservatorship and guardianship proceedings run through the probate court — but they are their own category of law, with their own procedures, standards, and ongoing obligations. Where probate deals with what happens after someone dies, conservatorship and guardianship concern what happens when someone can no longer make decisions for themselves while they are still alive.
We handle both the establishment of conservatorships and guardianships and the ongoing court supervision that follows. These cases require both legal skill and genuine sensitivity — families are often under significant stress, and the court process can feel intimidating. Our role is to guide you through it as efficiently and straightforwardly as possible.
Conservatorship of the Person
Grants a conservator authority over an adult's personal care — medical decisions, living arrangements, and daily wellbeing — when that person can no longer manage these matters safely on their own.
Conservatorship of the Estate
Grants a conservator authority to manage an adult's financial affairs — paying bills, managing accounts, and protecting assets — when the conservatee lacks capacity to do so.
Guardianship of the Person
Appoints a guardian to care for a minor child whose parents are unable to provide adequate care — covering decisions about health, education, and welfare.
Guardianship of the Estate
Appoints a guardian to manage property or financial assets belonging to a minor child, typically when the child inherits or receives a settlement.
Once established, conservatorships require regular reporting to the court — including accountings of the conservatee's finances and status reports on their wellbeing. We assist conservators in meeting these ongoing obligations so that the court relationship remains in good standing.
- Petition to establish conservatorship or guardianship — preparing and filing all required court documents and coordinating with the court investigator
- Limited conservatorships — for adults with developmental disabilities who retain some capacity and benefit from a more tailored arrangement
- Substitution or termination proceedings — when a conservator needs to be replaced, or when circumstances change and the conservatorship is no longer needed
- Annual accountings and status reports — ongoing court reporting to keep the conservatorship in compliance