San Francisco Probate Attorney
Protecting heirs and beneficiaries when a San Francisco probate, trust, or inheritance matter turns into a dispute.
The attorneys on your case
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Mark C. Smith
Principal Attorney & Founder
Berkeley Law · AmLaw Top 50 Firm · Federal Clerk · Combat Veteran
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Nicholas Jacobs
Attorney, Estate Planning
Northwestern California Law
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Seth Steward
Litigation Attorney
GW Law · Harvard Kennedy · Former Prosecutor · Air Force Veteran
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Veteran-Founded & Led
Founded by Mark C. Smith, U.S. Army combat veteran.
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Berkeley Law-Trained
Educated at UC Berkeley School of Law.
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California Statewide
SF · Sacramento · Los Angeles · San Diego.
Losing a parent, spouse, or family member is hard enough. The legal process that follows can become even harder when someone questions a will, delays a distribution, refuses to account, or uses estate property without clear authority.
Probate litigation is the part of probate that deals with disputes. These disputes may involve heirs, beneficiaries, executors, administrators, trustees, creditors, real property, or competing claims to estate assets.
Corcoran Smith Law represents clients in San Francisco probate, trust, and inheritance disputes. We help clients understand the documents, the deadlines, the fiduciary duties, and the options before the matter moves further.
If something feels wrong, do not wait.
Probate disputes often begin before anyone calls them litigation. Information is missing. A delay is not explained. Property is being sold, used, or transferred without clear authority. A document appears that does not match what your loved one said before they passed.
Speak with counsel before you sign a waiver, consent to a distribution, or wait for the problem to resolve itself.
When to speak with a San Francisco probate attorney
Probate disputes can change quickly. A missed objection, incomplete accounting, unexplained transfer, signed waiver, or delayed response can narrow your options before you understand the full estate picture.
You should speak with a lawyer promptly if:
- You received a probate petition, court notice, accounting, or proposed distribution
- You are being asked to sign a waiver, consent, settlement, or release
- An executor, administrator, or trustee is withholding information
- Estate property is being sold, transferred, occupied, or used without clear authority
- You suspect undue influence, fraud, or lack of capacity
- A will, trust, deed, or beneficiary designation does not match what you expected
- A fiduciary is delaying distribution without explanation
- Beneficiaries are being treated unequally
- Another party has hired a lawyer
Early legal review does not always mean filing first. It means understanding your position before someone else’s decision changes it.
Common probate disputes in San Francisco
Probate puts one person in control of estate property while heirs and beneficiaries wait for information, decisions, and distributions. That structure can create conflict when records are incomplete, communication breaks down, or the fiduciary’s decisions appear to favor one person over another.
Common probate litigation issues include:
- Beneficiaries disagreeing over how an inheritance is distributed
- Executors or administrators accused of acting in their own interest
- Missing, incomplete, or delayed accountings
- Estate assets being inventoried or valued incorrectly
- Wills challenged because of undue influence, lack of capacity, fraud, or improper execution
- Disputes over whether property belongs to the estate, a trust, a surviving spouse, or another person
- Creditors making claims against the estate
- Trustees accused of breaching fiduciary duties
- Delays that prevent beneficiaries from receiving property or information
- Disagreements involving real estate, family businesses, or personal property
Not every disagreement requires court action. Some matters can be resolved through document review, a demand for information, an accounting objection, negotiation, or mediation. Others require a petition, objection, injunction, removal request, or other probate court remedy.
How long does probate take?
The timeline depends on the estate, the dispute, the court calendar, and the conduct of the parties.
A straightforward probate can take many months. A contested probate can take longer, especially when there are disputes over the will, fiduciary conduct, estate property, accountings, creditors, or distributions.
Delay can create real harm. Estate property may sit unmanaged. Beneficiaries may be unable to access funds. Real estate may lose value. A fiduciary may continue making decisions while beneficiaries wait for answers.
The best time to speak with counsel is before the dispute becomes harder to control.
What is trust litigation?
Trust litigation involves disputes over the administration, interpretation, or validity of a trust.
Trusts can help families avoid probate, but they do not eliminate every dispute. Beneficiaries may question whether a trustee is following the trust. Family members may dispute whether the person who created the trust had capacity. Someone may allege undue influence. Property may be claimed by both a trust and an estate.
Trust litigation often involves many of the same issues as probate litigation: fiduciary duties, accountings, property transfers, beneficiary rights, and court supervision.
What does a probate attorney do?
A probate attorney helps evaluate whether legal action is necessary and what form that action should take. In a contested probate or trust matter, counsel may help with:
- Reviewing wills, trusts, petitions, notices, deeds, and accountings
- Evaluating beneficiary and heir rights
- Determining whether an executor, administrator, or trustee has breached a fiduciary duty
- Investigating suspicious transfers or missing estate assets
- Objecting to accountings or proposed distributions
- Contesting or defending a will
- Seeking information from a fiduciary
- Protecting estate property while the dispute is pending
- Negotiating or mediating a resolution
- Filing probate court petitions when informal resolution is not enough
- Preparing the matter for hearing or trial when necessary
The goal is not to turn every family disagreement into litigation. The goal is to protect the client’s position and use the right legal tool at the right time.
San Francisco probate and inheritance disputes
Corcoran Smith Law represents clients in probate, trust, and inheritance disputes involving San Francisco families, San Francisco estates, and California property.
The San Francisco Superior Court has a Probate Court division for matters involving decedents’ estates, trusts, guardianships, and conservatorships. Probate disputes in San Francisco may also involve valuable real estate, family-held property, out-of-area beneficiaries, and fiduciaries managing assets across California.
Our San Francisco office gives clients a local point of contact for probate litigation strategy while our practice remains statewide.
We handle matters involving San Francisco, Daly City, South San Francisco, Pacifica, San Mateo, Oakland, Berkeley, Marin County, and surrounding Bay Area communities.
Why Corcoran Smith Law Corp.
Probate litigation often involves grief, money, family history, and court deadlines at the same time. The lawyer’s role is to bring order to that pressure.
Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.
We approach probate litigation through documents, duties, deadlines, and leverage. We do not treat the process as a shouting match. We identify what matters, what can be proven, and what step should come next.
Client reviews
What our clients say
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Honestly, I didn't know much about trusts going into this. The whole thing felt overwhelming and a little intimidating. But Corcoran Smith Law made the entire process so much easier than I expected. They sat down with me, actually listened to what I was trying to accomplish, and walked me through everything in plain English. No confusing legal jargon, no rushing me out the door. By the end I finally felt like I understood what a trust could do for me and my family, and I left with a solid plan in place. What really blew me away? They handled everything right from the comfort of my own home. I never had to drive to an office, find parking, or sit in a waiting room. They even arranged for a notary to come out to the house, making the entire process seamless from start to finish. It honestly could not have been more convenient. The whole team was friendly, down to earth, and genuinely seemed to care about getting it right. They were easy to reach whenever I had questions, and nothing ever felt like too much to ask. If you've been putting off setting up a trust because it seems like a hassle, don't wait. Call this team! They handle everything, and the peace of mind on the other side is 100% worth it. Highly, highly recommend!
Lori Griffin May 2026 · Google
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Nick and Mark were amazing to work with! Nick is such a nice man, and he was extremely knowledgeable and professional. He was passionate about his work, honest and very kind and supportive during my journey in contesting a trust. He communicated his strategies every step of the way and the documents he wrote were a testament to his commitment in helping me. Every T was crossed and every I was dotted. We had a good outcome, but even if we hadn’t, I would have been 100% satisfied with the effort he put into our case. I highly recommend this firm based on their professionalism, knowledge, commitment, honesty, and communication.
Kimberly Brink August 2025 · Google
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Mark and Nicholas have been extremely professional, knowledgeable, and helpful throughout our legal matters. Mark assisted us with business related matters, while Nicholas guided us through estate planning and setting up our trust. Both took the time to explain everything clearly and led us in the right direction every step of the way. Their expertise, responsiveness, and attention to detail gave us confidence throughout the process. We highly recommend Mark and Nicholas to anyone seeking trustworthy and experienced legal counsel.
Elegant Auto Sales June 2026 · Google
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ThankYou! Nick Jacobs for giving a priceless gift after 22 years. You are an amazing man and attorney I would recommend you to anyone. You showed that their are still Amazing people in this world I appreciate you
Sage Goddess August 2025 · Google
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I couldn’t be happier with my experience with this law firm. Everyone I worked with was professional, respectful, and incredibly helpful. They made a stressful situation feel much more manageable and always kept me informed along the way. I truly appreciate the time, effort, and attention they gave to my case. Thank you so much for helping me!
Arianna dixon August 2026 · Google
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Working with this firm during a stressful inheritance dispute was an absolute relief from start to finish. Their legal team demonstrated exceptional expertise, kept me informed at every turn, and achieved a fair outcome that protected my family's interests. I highly recommend their compassionate, highly professional services to anyone navigating a complex estate issue.
Angela Moore August 2026 · Google
Free download
Know Your Rights as a California Beneficiary
When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.
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Inheritance dispute guidance across California
Choose your area for information about local probate courts, common inheritance disputes, and the options available to heirs and beneficiaries.
Talk to a San Francisco probate attorney
A free consultation is the simplest place to start. Tell us what is going on, and we will help you understand where things stand.