Common Questions
Straightforward answers about estate and probate matters in California.
What Is Probate?
Probate is the court-supervised process of validating a will, paying off a deceased person’s debts, and distributing their remaining assets to heirs. In California, this typically involves filing a petition with the probate court and notifying heirs and creditors. This process can take anywhere from several months to over a year, depending on the estate’s complexity.
How Do I Contest a Will?
Contesting a will means formally challenging its validity in court. This typically happens if someone believes the document was forged, the person making it lacked the mental capacity to understand what they were signing, or they were unduly influenced by someone else. In California, a will contest must generally be filed within 120 days of the will being admitted to probate, and the person contesting it must have legal standing — typically an heir or beneficiary named in a prior will.
Do I Need to Live in San Mateo County?
No. Probate in California is filed in the county where the deceased lived at the time of death, regardless of where the heirs or executor reside. Our office is in Burlingame and serves clients throughout San Mateo County, including Millbrae, San Carlos, Foster City, and Redwood City, as well as the greater Bay Area. If the estate includes property in multiple counties, coordination across those counties may be required.