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Experienced San Diego Probate Attorneys

Regardless of whether your loved one created a will, our team of probate attorneys is fully equipped to help you resolve all of the probate matters. Frisella Neilson, APC, provides competent and caring legal guidance in probate cases, including estate administration, will contests and litigation. Based in San Diego, we serve clients across California.

Skilled Guidance Throughout The Probate Process

Our experienced probate lawyers assist executors, administrators and personal representatives in their duties, which may include:

  • Accounting of the estate’s Assets
  • Maintaining estate assets
  • Selling or transferring estate property as necessary
  • Resolving remaining debt
  • Filing a final tax return for the estate
  • Distributing assets to heirs and beneficiaries

If you are responsible for settling an estate, you must proceed with utmost care. Our services will allow you to keep accurate records of asset transfers, communicate with the probate court and abide by your other legal obligations.

Efficient Resolution Of Will And Trust Contests

Not every probate case leads to a will contest or other litigation. However, cases do often concern difficult legal, financial and emotional subjects, such as:

  • The decedent’s mental capacity at the time of will or trust creation
  • Whether undue influence through manipulation, elder abuse or deception may be a factor
  • The valuation of property and assets within the estate
  • Whether the executor/trustee properly administered the will or trust
  • Potential commingling of estate and personal assets

Our attorneys understand the gravity of these cases, and we represent families and executors in court. We work toward timely and effective resolutions.

Common Probate Questions, Answered

It’s common to have questions about probate, especially because you’ve likely never been through the process. We provided answers to common questions below.

Do I need to hire a probate lawyer?

There is no requirement to hire a probate lawyer. However, this is a complex area of law with little room for error. You may be tempted to save money by attending to probate without representation, but any mistakes or delays could end up costing you more than what you would have paid in attorney fees. For example, you may have difficulty finding a bond issuer for your trust that you are creating because most bond companies will not issue a bond to an unrepresented administrator.

Moreover, no one should have to shoulder such difficult responsibility alone while also trying to grieve a loss. Leave the legal work to us so that you can focus on yourself and your loved ones.

Where does the probate petition need to be filed?

Typically, petitions need to be filed in the California county where the decedent resided at the time of their death. It may also be necessary to file an additional probate petition in another county or even another state if the decedent owned real estate there.

Is every estate required to go through probate?

No, it is not mandatory in all cases. Often, if the estate was worth less than $184,500, probate may not be required. It can also be avoided in cases where steps were taken to pass assets outside of probate, such as through a revocable living trust, through payable-on-death accounts or assets with beneficiary designations.

How long does probate take and how much does it cost?

As you might expect, the answers to these questions are always case-specific. Even under normal circumstances, probate can take eight months to twelve months. Any complicating factors will add time. We help clients throughout California resolve probate cases efficiently and quickly with our experienced team.

In general, costs will depend on the value of the estate and the complexity of probating it. There are guidelines governing probate fees for attorneys and executors in California, and we would be happy to discuss those during your initial consultation. We can also typically provide an accurate estimate of fees and costs at that time.

Contact Our San Diego Probate Attorneys Today

Discuss your probate case with one of our attorneys during an initial consultation. To get started, contact our law firm office through email or by calling 866-334-2614​.