Losing a loved one is one of the hardest things a family goes through. Having to navigate the Santa Clara County court system at the same time makes an already painful process significantly more difficult. At Von Rock Law, our probate attorneys bring the legal knowledge to handle California probate law with precision and the compassion to guide San Jose families through it with care. If you need a probate lawyer in San Jose, call us today to schedule a free consultation.
In California, probate is required when a deceased person owned assets solely in their own name above the current threshold of $184,500. In San Jose, where home values routinely exceed $1 million, most estates easily meet that threshold. The Santa Clara County Superior Court Probate Division oversees the process, which typically takes 12 to 18 months and involves court filings, creditor notices, asset inventories, and a final court-approved accounting before any distribution to heirs.
San Jose estates are often complex. Many residents hold tech company stock, RSUs, unvested equity, retirement accounts, and real property alongside traditional assets, each of which carries its own transfer rules during probate. Without an experienced attorney, your family risks misvaluing assets, missing Santa Clara County filing deadlines, or triggering avoidable tax consequences.
When you work with Von Rock Law, we manage the entire probate process on your family’s behalf, from opening the estate with the court to distributing the final assets to your loved ones.
Here are some of the ways a San Jose probate lawyer from Von Rock Law can help:
Probate in Santa Clara County follows a strict procedural timeline. From petitioning to open the estate to publishing creditor notices to submitting a final accounting, each step has specific deadlines and filing requirements. A missed deadline or incorrect document can add months to an already long process. We handle all filings and court communications so your family can focus on healing.
Many San Jose estates include stock options, 401(k) accounts, brokerage accounts, business interests, and real property. Each type of asset is governed by different transfer rules and must be handled correctly to preserve its full value for your beneficiaries. Von Rock Law coordinates with financial institutions and tax advisors to ensure every asset is properly inventoried and transferred.
Not every San Jose estate requires full probate. California offers simplified procedures for qualifying estates, and assets held in trusts or with named beneficiaries typically pass outside of probate entirely. We review the estate structure at the outset and identify every available legal shortcut to minimize time, cost, and court involvement for your family.
Whether you are administering a loved one’s estate now or planning ahead so your own family never has to face this process, Von Rock Law is ready to help. Our team has served Bay Area families for over 28 years and has earned consecutive Super Lawyer designations for estate and probate law. Call us today. Your first consultation is free.
No. Assets held in a revocable living trust, accounts with named beneficiaries such as life insurance and retirement plans, and jointly owned property with right of survivorship generally pass outside of probate. However, if a San Jose resident owned real estate or financial accounts solely in their own name, probate through Santa Clara County Superior Court is typically required regardless of total estate value.
An estate plan created by Von Rock Law is a solution to protecting and preserving your estate in the case that you die or become incapacitated. It contains the following legal documents:
Living Trust A legal document that places some or all of your assets in the control of a trust during your lifetime.
Will A legal declaration of a person’s wishes regarding the disposal of their property or estate after death.
Durable Power of Attorney A durable power of attorney refers to a power of attorney which typically remains in effect until the death of the principal or until the document is revoked. A durable power of attorney, the durability of which must be explicitly stated, remains valid even in the event the principal is unable to make personal decisions due to incapacity.
Advanced Health Care Directive A legal document that explains how you want medical decisions about you to be made if you cannot make the decisions yourself. An advance directive lets your health care team and loved ones know what kind of health care you want, or who you want to make decisions for you when you cannot.
A straightforward estate typically takes 12 to 18 months to complete in Santa Clara County. More complex estates involving contested wills, multiple property types, creditor disputes, or assets in multiple counties can take considerably longer. Von Rock Law actively manages every step of the process to keep things moving as efficiently as California law allows.
California probate attorney fees are set by statute under Probate Code Section 10810 and are calculated as a percentage of the gross estate value, not the net. For a San Jose estate that includes a $1.2 million home and $300,000 in other assets, combined statutory fees for the attorney and personal representative can exceed $46,000 before any extraordinary service costs are added. Proper estate planning through a funded living trust can eliminate most or all of these costs.
An estate plan, specifically a properly funded revocable living trust, is the most reliable way to keep your estate out of Santa Clara County probate court. It not only protects your family from a lengthy and expensive court process but also ensures your assets transfer privately and according to your exact wishes rather than being subject to public court proceedings.
Estate planning law deals with the management and disposition of a person’s assets after death. This includes creating legal documents such as a will and trust to specify how your property will be distributed and who will manage your affairs. In California, it also addresses probate procedures, community property rules, and state-specific tax considerations.
Our Custom Estate Plan is a comprehensive trust-based estate plan which is appropriate for most estates including those with minor children or other minor beneficiaries, for those requiring protections for beneficiaries and for blended families. This estate plan works toward eliminating probate court proceedings, appointing successors to manage the Trust after your death, and directs the distribution of your assets.
One 30 minute consultation meeting by telephone, video conference or in person
Revocable Living Trust
Certification of Living Trust
Last Will & Testament **
Durable Power of Attorney **
Advanced Health Care Directive **
Authorization of Release of Medical Records (“HIPAA”) **
Assignment of Personal Property **
Personal Property Memorandum **
Trust Transfer Deed (one property)
Recording Deed with county recorder
One opportunity to request edits to above documents with respect to client-provided information
Recording fees included
Preliminary Change of Ownership Report
Final signing meeting
Complete instructions regarding plan
Notary fees included
Personalized estate planning binder with all original documents
Digital PDF copies of your entire plan
Additional Deeds with ancillary documents and recording fees begin at $1000 for California properties and for out of state US properties, subject to confirmation of non-California recording fees.
Up to five hours with our staff for emails, phone calls, zooms or in person meetings to address your questions regarding the maintenance of your estate plan, funding, coordination with agents, potential amendments, family meetings or other ongoing trust maintenance concerns.
A 5% discount on billable matters for which you may further retain us, such as drafting additional plan documents and amendments, or for another practice area.
We are offer a college care plan that will allow parents to still be able to act for their 18+ children for medical, financial and legal purposes, and to distribute the child’s assets should the child pre-decease the parent. This plan includes a Durable Power of Attorney, Advance Health Care Directive, HIPAA and Simple Will which identifies not more than two beneficiaries with outright inheritance. Further, this plan includes a generic FERPA Consent Form that will authorize parents to communicate with a college regarding the student’s classes, transcripts, grades and more. Many educational institutions will have their own forms for this Consent which may be required, but if not, our standard form should be accepted.
This plan includes a 30 minute consultation and the cost of online notary fees arranged by this office. Digital and paper copies of the plan documents will be provided.
Estate Plan revisions are provided on an hourly basis and estimates of the projected cost are provided to the client before work commences. Simple revisions to Estate Plans are often in the 2 – 3 hour range, with more complex revisions taking longer, bearing in mind that each circumstance is unique.
PLEASE NOTE – We will not amend plans that we did not draft. We will prepare re-statements of Trusts and new documents for planning documents we did not generate.