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Probate Attorney for Santa Clara County — Filed in San Jose, Handled from Anywhere

Every Santa Clara County probate — whether the decedent lived in San Jose, Palo Alto, Sunnyvale, Mountain View, Cupertino, or Gilroy — is filed with the probate division at the Downtown Superior Court, 191 N. First Street, San Jose. Here is what most families do not realize: an uncontested probate is a case of filings and court appearances, not meetings. We prepare every document for e-signature, appear at the San Jose courthouse so you don't have to, and most of our clients never set foot in a courtroom.

Probate for Santa Clara County families

Santa Clara County estates are rarely small. A home bought decades ago in San Jose or the West Valley now appraises far past every simplified-procedure threshold, and many estates add stock compensation and brokerage accounts on top. That makes two things essential before anyone files: an exact calculation of the statutory fee (in California, a reasonable fee for the attorney's ordinary probate work is set by Probate Code Section 10810 — we quote it to the dollar), and an honest check of the faster exits — the AB 2016 petition for a primary residence at $750,000 or less, the small estate affidavit under $208,850, the spousal property petition, and the Heggstad petition when an asset was left out of a trust. A full uncontested probate typically runs 9 to 18 months; the single-hearing petitions finish in roughly 2 to 3 months.

Why Santa Clara County families choose us

A probate-only practice, led by an attorney practicing since 2012 and licensed in California and New York. Free consultation and transparent fees: a free 15-minute call, a free 45-minute follow-up for qualified clients, and statutory or flat fees quoted before we begin. Out-of-area executors are a large part of our practice — nearly everything happens by phone, email, and e-signature.

Do I need a San Jose probate attorney for a Santa Clara County case?

No. California probate attorneys appear in any county's court, and uncontested cases move on paperwork and brief hearings. We make the appearances at the Downtown Superior Court; you handle your part from wherever you live.

My parent's Santa Clara County house is worth well over $750,000. Is full probate unavoidable?

Usually the AB 2016 primary-residence petition is off the table above $750,000, but a trust, a spousal property petition, or a Heggstad petition can still avoid full probate depending on how title was held. We check every option in the free consultation before you commit to anything.

Call (925) 336-3632 for a free 15-minute consultation, or book online.

Related guides: probate when no one in the family lives in California, handling a probate from New York or from Texas, ancillary probate in California, and what to do when an executor can't get a bond.

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Advance Planning, A Law Corporation is an East Bay probate firm focused exclusively on uncontested probate, including Heggstad Petitions and Spousal Property Petitions. Service areas: Dublin, Berkeley, Livermore, and Fremont.

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