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Probate Attorneys and Probate Real Estate
Find Top Probate Lawyers | Santa Clara County
Our mission at Need Probate Help is to provide probate real estate services to people who need to sell real estate in Probate, under a Conservatorship, or held in a Trust. The primary locations we serve are San Jose and all cities and towns in Santa Clara County.
Request Legal Help
If you need legal help, complete the form below or the form at the bottom of this page.
Legal Help | Probate Lawyers
We know from experience that when selling probate real estate in Santa Clara County, many people also need legal help from Probate Lawyers.
California Real Estate Brokers and real estate agents are not licensed to give legal advice.
In addition to providing probate real estate services, we are a resource for people who need legal help with real estate matters and matters pertaining to probate and trusts. All of our legal resources serve Santa Clara County, and many serve in the surrounding counties noted below.
A Conservatorship falls under the Probate umbrella, and like Probate, they are managed by the Santa Clara County Superior Court Probate Division. Our role is to manage the process of selling real property under Conservatorship, in Probate, or held in Trusts.
All questions of a legal nature must be directed to Probate Lawyers.
What is a Probate Attorney?
A Probate attorney is often also referred to as a probate estate attorney, estate attorney, estate lawyer, and a combination of other terms that all mean the same thing. It is the person licensed to practice law in the state in which they practice.
In the State of California, a licensed attorney can practice probate. The attorneys we recommend specialize in probate and trusts. They are not generalists; they are specialists, and that is all they do. Their continuing education keeps them current on the laws. They are highly qualified and skilled probate attorneys who advise the executors and administrators, also known as the personal representatives, on the probate process.
The duties of the probate attorney will vary depending on whether the person died with a Will or without a Will, as well as the size of the estate.
A probate lawyer might also be hired to advise beneficiaries on matters of the estate, disputes, or conflicts that result in litigation.
When working with the personal representative of the estate, the probate attorney advises on matters such as:
- Securing estate assets
- Getting an appraisal on the real property and other date-of-death valuations on assets
- IRAs and life insurance, if any
- Paying outstanding debt
- Setting up and keeping track of the estate checking account
Probate Lawyers manage many duties, which may include but are not limited to:
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- Filing the legal documents with the Probate Court and ensuring the local probate court rules are followed
- Address estate and income tax issues
- File the necessary documents and notices for the sale of real property
- If the real property is not sold, retitle the real property into the names of the beneficiaries.
- Ensure all debts are paid and distributions are made
- When all duties are completed, the probate estate is filed with the court
Get Legal Help From Probate Lawyers
For legal help about all aspects of Probate, Conservatorship, elder abuse, disputes, estate planning, including creating trusts, trust administration, and more, our recommended attorneys can help in the following counties:
- Santa Clara County
- San Mateo County
- San Francisco County
- Contra Costa County
- Alameda County
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For legal help about real estate matters such as evictions, landlord/tenant issues, co-ownership disputes, fraud, title issues, easements, boundary disputes, and more, our recommended attorneys can help in the following counties:
- Santa Clara County
- Santa Cruz County
- North Monterey County
Complete the form below to request legal help. Your request will be forwarded to an attorney for a response. PLEASE ALLOW 24-48 HOURS FOR A RESPONSE.
Attorneys work normal business hours, which are Monday – Friday from 8:00 am to 5:00 pm, excluding holidays.
ALL ATTORNEYS CHARGE FOR CONSULTATIONS. WE DO NOT QUOTE ATTORNEY RATES. YOU WILL NEED TO ASK THE ATTORNEY WHAT THEIR HOURLY RATE IS. MOST REQUIRE A CREDIT CARD UPFRONT. PAYMENT IS EXPECTED AT THE TIME OF THE SCHEDULED CONSULTATION.