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Probate

Experienced Probate Attorneys in San Diego, CA

20+ Years of Experience | Free Estate Planning Workshops | Free Consultations

20+ Years of Experience

Free Estate Planning Workshops

Free Consultations

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Trust Our Experienced Probate Lawyer

Our probate attorneys in San Diego, CA are dedicated to educating clients on the complexities of probate law. What is probate? Probate is the legal process regarding the administration and distribution of the estate of a deceased person — or “decedent.” It is administered under the jurisdiction of probate courts.


The court makes sure that the decedent is real and personal property is identified, inventoried, and appraised, and ensures that any applicable debts and taxes are paid before the balance of the property is distributed to the heirs.


Probate is a very time-consuming and paperwork-intensive process. Most people hire a probate attorney to help them with the probate administration process.


At the Law Offices of Antoinette Middleton, we have over 20 years of experience working on probate cases. Our compassionate, detail-focused team understands what needs to be done and when. If you want a stress-free probate process, you can count on us to deliver. To learn more and for a free consultation, please fill out our online form.

Probate Administration

Some probate estates can be administered in one year or less but may take longer. Probate is concerned with:

  • Cataloging all property
  • Paying any debts, claims, or taxes that are due
  • Collecting rights to any income (royalties, stock dividends, etc.) to which the deceased was entitled
  • Settling financial and property disputes
  • Liquidating property (real or personal) of the deceased
  • Distributing or transferring the remaining property to heirs


A personal representative is appointed by the Court to administer the decedent’s estate at the beginning of the probate process. A personal representative can have various names (executor, administrator, etc.), depending on the type of probate estate, but each personal representative has similar duties and responsibilities, which include managing the probate estate.


Usually, in a will, the decedent names an “executor” to act as a personal representative. If there is no will or the decedent failed to name an executor, the Court will appoint a personal representative.

Free 30-Minute Consultations on Probate Law Services

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I just had the pleasure of working with Antoinette Middleton on an Estate that needed to go through probate. First off, she is very professional, kind, prompt, and easy to work with. She guided my clients through a ton of paperwork and the strenuous process, which is probate.

I felt more than confident referring her to my friends and family. If you're looking for an amazing attorney, use Antoinette.

- Joseph Paul O., Yelp Review

Conservatorship

A Conservatorship is set up after the Court has decided that a person (called the “conservatee”) is gravely disabled and unable to meet their basic needs of food, clothing, and shelter.


A Judge will choose another person or organization (called the “conservator”) to be in charge of the conservatee’s care or finances, or both.


A conservator can be a family member, friend, or professional.

Guardianship

A guardianship is a legal relationship created when a person or institution is named in a will or assigned by the Court to take care of minor children or incompetent adults.


A guardianship can be of the Person or the Estate. Often, a temporary guardianship is necessary, which is generally granted by the Court to achieve a specific purpose for a certain amount of time. Once the purpose is accomplished, the guardianship is terminated.


To learn more on any of the topics above or to set up a free consultation, please fill out our online form. Contact our probate attorneys in San Diego, CA to learn more or to set up a consultation.

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