PROBATE OR TRUST -- ADMINISTRATION AND LITIGATION

Mayo & Mayo handles probate cases and Trust Administration and Litigation throughout Northern California as well as the 9 counties in the Bay Area including

• San Francisco,
• North Bay (Marin, Sonoma, Solano and Napa counties),
• East Bay (Alameda and Contra Costa Counties), and
• Peninsula and South Bay (San Mateo and Santa Clara counties).

Mayo & Mayo has extensive experience in all aspects of probate procedure, including probate litigation, spanning a period of over 25 years. Mayo & Mayo has a well-trained staff so that the administration moves forward as quickly as possible to closure and so that questions can be responded to promptly. Mayo & Mayo can also represents you and protect your interests of beneficiary or creditor of an estate.

Probate and Trust Administration
The first step will be to determine whether or not a probate proceeding is required. If the estate is small enough and there are no disputes among the beneficiaries, the estate may be able to be distributed outside the probate court proceeding. Living trusts and real property held in joint tenancy are distributed outside the probate proceeding. Mayo & Mayo can also assist with Trust Administration and Transferring assets into the Trust that were not transferred into the Trust before the date of death.

Probate can be commenced either with or without a Will. If the decedent did not have a Will, then the court will appoint an administrator to perform many of the functions such as gathering assets and identifying the creditors of the decedent's estate. If the decedent has a Will, then the Will generally names an executor of the estate. The executor assists the attorney in identifying the decedent's assets and creditors and family members who will receive notice of the probate proceeding.

After the petition is filed, the creditors, family members and beneficiaries are notified by mail and by newspaper publication that the probate has commenced. The probate code requires a notice period of 120 days from the date on which the last notice is published in the newspaper. During this time, the attorney and the executor or administrator work together to prepare an accounting of the value of the assets and the total amount and number of creditor claims that must be paid. If some of the assets need to be sold in order to distribute the proceeds or pay federal estate and income taxes, then the attorney and executor or administrator work together to accomplish this task with approval of the probate judge. The fees paid to the executor or administrator and the attorney are paid by the estate, are fixed fees proscribed by statute, and must be approved by the judge. Once the accounting has been approved by the court, the net amount of the estate is distributed to the beneficiaries and the probate proceeding is closed.

Beneficiary and Creditor Interests
If you are a beneficiary or a creditor with either a concern that the probate may not be progressing in a manner that you think is appropriate or if you have an actual dispute with the executor or administrator of the probate proceeding, Mayo & Mayo can represent your interests. In order to minimize your legal fees, Mayo & Mayo will attempt to negotiate a compromise for all parties first before commencing litigation, however, if litigation is required, we have extensive experience litigating beneficiary interests.

Litigation, Arbitration and Mediation -- Estates and Probate
Mayo & Rogers is proficient in handling either litigation or alternative dispute resolutions related to all aspects of estate related issues including,

• Beneficiary disputes
• Creditor claims
• Trustee or Executor issues
• Guardianship and Conservatorship issues

No charge for the initial consultation.

Contact Us at 415-397-1515 or by Email

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