San Diego Probate: How it’s Supposed to Work and What Can Go Wrong

• Transferring an accurate and explicit title to the appropriate beneficiaries or heirs
• Halting creditors’ ungrounded claims
• Taking less than a year

• Attorney draws up the initial petition.
• You review the petition and sign.
• Attorney files the petition for probate with the court.
• Date for first probate hearing is set for 6 to 12 weeks from filing date.
• Court accepts petition for probate.
• 12-week creditor claims period follows.
• Attorney files second petition to distribute property and close estate.
• Second probate hearing is held 6 to 12 weeks after filing.
• Estate is distributed and closed.

• A creditor files a claim to the estate.
• Notice of probate isn’t given to all affected parties.
• Petition for probate has inaccurate or missing information.
• Petition to close estate has inaccurate or missing information.
• Notice of publication is inaccurate or released too soon.
• Beneficiaries contest the distribution of estate.
• Lawsuits result from inaccuracies or perceived inaccuracies in the case.