Probate and Estate Admin


“Probate” is the court supervised process of administering a decedent’s estate. Attempting to navigate these laws and procedures without legal assistance can be confusing and frustrating. At Kehr Law, we provide guidance and support to help our clients through the entire probate process. Our attorneys are experienced in the administration of wills, trusts and estates of all sizes.


Here’s Why You Want To Avoid Probate!

In recent years, state legislatures, with the active assistance of the trusts and estates and real property bars, have developed ways to help individuals minimize, or avoid entirely, the probate process when they transfer assets on their death. This trend makes sense as a public policy matter, because probate can be expensive and time-consuming. For example, in California statutory fees are set on a sliding scale as a percentage of the gross value of the estate. For an estate of $250,000, the minimum statutory fees would be $16,000 for the executor and his attorney. The court could award more for “extraordinary service.” When a decedent’s only asset is a modest house that she wants to
transfer to her daughter, that is a significant cost. Also, some people may want to maintain their privacy and a probate proceeding is a matter of public record. Just as importantly, probate matters clog the courts at a time when litigation is increasing and states are challenged to fund the courts at adequate levels.

Although probate can be expensive, avoiding probate can be complicated. Typically, an individual owns several categories of property. Even a person of modest means could own a home with furniture, clothing, jewelry, a bank account, an insurance policy, and perhaps stocks and bonds. This property can be held under various legal arrangements. For example, cash could be held in bank accounts, certificates of deposit, safe deposit boxes, or in tax-advantaged retirement accounts. In the old days, most of this property was transferred on the death of the owner either by will or under state law through intestate succession. Both wills and intestate succession require a probate action in state court

Probate and Trust Estate Litigation

When you need a trusted legal advisor and an aggressive advocate we will deliver positive results for you!

It’s unfortunate that when people create their estate plans and trusts, there is often litigation that arises between the various beneficiaries and others who either are excluded from the gift or who do not receive what they feel they were entitled to receive. We have experienced probate, trust and estate litigation attorneys who understand the in’s and outs of litigating these often emotionally charged disputes.

Common issues our San Diego probate, trust and estate dispute lawyers routinely deal with are issues of mental competency of the grantor; gifts to adopted children; heirs who are “cut out” from the gift; trustees and executors not acting in the best interest of the beneficiaries they are intended to serve or fiduciaries who seek and take excessive compensation.


To ensure your intended gift is not challenged; or if you have been excluded from a gift you feel you should have received, if you feel your trustee, executor or other fiduciary is not acting in your best interests or you have any problem with a probate, trust or estate issue, call us. We are the probate legal experts. We have some of the most experienced, smart, aggressive and successful probate, trust and estate dispute litigation lawyers available.

Contact Us Today For Your Free Consultation