San Diego County Probate Attorney

Settling an estate in San Diego County requires careful attention to California Probate Code requirements and San Diego Superior Court procedures. Whether you’re serving as executor under a will or seeking appointment as administrator when someone died without a will, navigating San Diego County’s estate administration process demands knowledge of local court rules, filing deadlines, and fiduciary responsibilities that can expose you to personal liability if handled incorrectly.

San Diego County probate matters are heard at the Madge Bradley Building, located at 1409 Fourth Avenue in downtown San Diego. This courthouse manages all formal probate proceedings for San Diego County, from initial petitions through final distributions. The court’s probate calendar operates on strict schedules, and missing deadlines or filing incomplete documents can delay estate settlement by months while increasing administrative costs that ultimately reduce what beneficiaries receive.

San Diego County Estate Administration Process

Estate administration in San Diego County typically begins within weeks of someone’s death. If the deceased left a will naming you as executor, your first step is filing a Petition for Probate with San Diego Superior Court. This petition asks the court to validate the will and officially appoint you as executor with legal authority to manage estate assets. Without this court appointment, you have no legal power to access bank accounts, sell property, or handle estate business—no matter what the will says.

The petition process in San Diego County requires meticulous attention to detail. You must attach the original will, a certified death certificate, and pay filing fees based on estate value. California law requires you to notify all beneficiaries named in the will, all heirs who would inherit if there were no will, and any beneficiaries named in prior wills. San Diego County’s probate examiners carefully review petitions for compliance with these notice requirements. Incomplete notice or missing documents will result in your hearing being continued, delaying your appointment and frustrating beneficiaries waiting for estate settlement.

When There’s No Will in San Diego County

If someone dies without a will in San Diego County, the court appoints an administrator rather than an executor. The administrator follows California’s intestate succession laws to determine who inherits. Priority for appointment typically goes to the surviving spouse, then adult children, then other close relatives. If family members disagree about who should serve as administrator, San Diego County probate court will hold a hearing to determine who is best qualified based on factors like relationship to the deceased, ability to perform required duties, and whether any conflicts of interest exist.

Administrators face the same responsibilities as executors—managing assets, paying debts, filing tax returns, and distributing property—but they work without the guidance of a will outlining the deceased’s wishes. This can create additional complications when family members have different expectations about who should inherit or how assets should be divided. San Diego County probate court strictly enforces California’s intestate succession statutes, leaving no room for family agreements that contradict the legal order of inheritance.

San Diego County Executor Responsibilities

Once appointed, executors in San Diego County must fulfill numerous legal duties. You’re required to locate and protect all estate assets, from bank accounts and investment portfolios to real estate and personal property. Within four months of appointment, you must file an Inventory and Appraisal (form DE-160) with San Diego Superior Court, listing every asset and its date-of-death value. Court-appointed probate referees appraise real estate and business interests to ensure accurate valuations.

Creditor claims represent a major concern for San Diego County executors. California law requires you to publish a notice to creditors in a local newspaper and send direct notice to known creditors. Creditors have four months from your appointment to file claims against the estate. You must review each claim and either approve or reject it using proper court procedures. Paying invalid claims or rejecting legitimate debts can make you personally liable for losses to the estate or creditors.

San Diego Real Estate in Probate

Real estate complications frequently arise in San Diego County estate administration. San Diego’s high property values mean real estate often represents the estate’s most valuable asset. Before selling property, you need court approval through a petition that includes the probate referee’s appraisal and proposed sale terms. San Diego County probate court requires you to obtain the best possible price for estate property. If you accept an offer below appraised value, you’ll need to justify the discount to the court.

Property maintenance during probate creates additional burdens for San Diego County executors. You’re responsible for property insurance, property tax payments, HOA fees, and necessary repairs while property remains in the estate. In San Diego’s real estate market, carrying costs can run thousands of dollars monthly. Failing to maintain property properly can reduce its value, for which beneficiaries may hold you liable.

Protecting Yourself as San Diego County Executor

Serving as executor or administrator in San Diego County exposes you to personal liability if you breach your fiduciary duties. Beneficiaries can petition the court to remove you for mismanagement, file lawsuits seeking damages for losses caused by your actions, or object to your final accounting. Even honest mistakes—like distributing assets too quickly or missing tax filing deadlines—can result in personal liability for any resulting harm to the estate or beneficiaries.properties in Big Bear and business interests throughout the Inland Empire.