Probate Attorney in San Jose

Estate & Trust Administration for Personal Representatives & Successor Trustees in Santa Clara County

When someone you care about dies, settling their estate involves deadlines, court filings, and fiduciary obligations that begin almost immediately. At Ferrari Ottoboni Caputo & Wunderling LLP, we guide personal representatives and successor trustees through the full administration process, from the first court petition or trustee notice through final distribution. Our office in the Comerica Bank Building in downtown San Jose puts us steps from the Santa Clara County Superior Court’s Probate Division, where we work regularly on behalf of our clients.

This is not estate planning. It’s what happens after. Since 1992, our firm has handled more than 1,000 matters across estates, trusts, tax strategy, and related real estate questions, and we bring that depth to every administration engagement.

If you’ve been appointed as a personal representative or successor trustee and aren’t sure where to start, call our probate attorneys in San Jose at (408) 606-2866 to schedule a free consultation.

How Formal Probate Works in Santa Clara County

Formal probate is the court-supervised process for validating a will (or confirming heirs when there is none), appointing a personal representative, and distributing a decedent’s remaining assets after debts and taxes are paid. In Santa Clara County, these matters are heard by the Probate Division of the Santa Clara County Superior Court at the Downtown Superior Court in San Jose.

The Probate Sequence

A typical probate case moves through several stages: filing a Petition for Probate, providing notice to heirs and creditors, publishing notice in a local newspaper, filing an inventory and appraisal of estate assets, resolving creditor claims, and obtaining court approval of a final accounting before distribution. Under California Probate Code section 12200, a personal representative is expected to complete administration within one year of appointment, or 18 months when a federal estate tax return must be filed.

Simplified Procedures & Their Limits

Not every estate requires full court administration. California provides simplified options, though Santa Clara County’s high real estate values mean many local estates exceed these thresholds.

• Personal property valued at $208,850 or less may qualify for a small estate affidavit, bypassing formal probate entirely.
• Under Assembly Bill 2016, a decedent’s primary residence valued up to $750,000 may qualify for a simplified petition to determine succession.
• Because Santa Clara County real estate values are high, many local estates exceed both thresholds and require full probate administration.

Trust Administration Without Court Supervision

Assets held in a properly funded revocable living trust generally pass to beneficiaries without formal court probate. That doesn’t mean the process is automatic. A successor trustee carries fiduciary duties that begin at the settlor’s death and must be carried out correctly to protect both the beneficiaries and the trustee personally.

California Probate Code section 16061.7 requires a successor trustee to serve written notice on trust beneficiaries and heirs within 60 days after a revocable trust becomes irrevocable, which typically occurs at the settlor’s death. Notice that omits the required statutory warning language or is served late can extend the 120-day contest period for beneficiaries and heirs and can expose the trustee to personal liability. Beyond notice, trust administration duties include locating and valuing trust assets, paying the decedent’s debts and applicable taxes, and distributing property according to the trust’s terms.

Probate Fees, Filing Costs, & Timeline in California

California sets attorney and personal representative compensation by statute rather than leaving it to negotiation. Under Probate Code sections 10800 and 10810, each party is entitled to the same sliding-scale fee calculated on the gross value of estate assets:

• 4 percent of the first $100,000
• 3 percent of the next $100,000
• 2 percent of the next $800,000
• 1 percent of the next $9 million
• 0.5 percent of the next $15 million

The fee is calculated on the gross appraised value of real property, not equity, so a mortgaged property factors into the total at its full value. Court filing fees under California Government Code section 70650 are currently $435 to open a probate case, with a matching fee due when filing the petition for final distribution. An uncontested Santa Clara County probate case typically takes 9 to 18 months from filing to final distribution, depending on asset complexity and court scheduling.

Integrated Tax Counsel Alongside Probate & Trust Administration

Estate administration frequently triggers tax obligations that run parallel to the court or trust paperwork. Attorney John M. Wunderling’s practice focuses on income, estate, and gift taxation with an emphasis on wealth transfer, post-death trust administration, and probate. Having that counsel within the same firm means fiduciary income tax returns, estate tax filings, and administration matters can be coordinated rather than handed off between separate offices.

Our multi-disciplinary approach lets clients address estate administration alongside related tax and real estate questions without managing multiple legal relationships. Our attorneys have earned recognition from California Super Lawyers®, and we’ve built our practice on personalized service and direct attorney-client communication from the first meeting through the closing of an estate.

Start Your Probate or Trust Administration with a Free Consultation

Personal representatives and successor trustees in San Jose and Santa Clara County can call Ferrari Ottoboni Caputo & Wunderling LLP at (408) 606-2866 to schedule a free consultation. We can discuss the estate or trust, walk through the administration steps that apply to your situation, and help you move forward with confidence in your role.