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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Had a terrific experience with Nic! Very knowledgeable, professional and personable. Even though he was not able to take our case, due to a heavy work load, he spent time with us and referred us to another attorney who is doing a great job. Can't say enough.
Tom Tickenoff December 2025 · Google
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I’m so happy with the experience I had working with Nick at Corcoran Law on my trust and will. He made the entire process clear, comfortable, and stress-free. Nick was professional, caring, and easy to work with, and I feel great knowing this important step is taken care of. Highly recommend!
James Wilson August 2025 · 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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Nick Jacobs did an excellent job helping us with estate planning. He was thorough and always happy to explain in terms non-legal experts could understand! I couldn’t recommend him enough.
Quincy Mehta July 2025 · 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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Corcoran Smith did an incredible job for us. We are so grateful we were referred to them and especially grateful for attorney Nick Jacobs. Nick was a pleasure to interact with and the perfect person to educate and guide our complicated family in creating a trust. Nick has a very kind, attentive manner. He treated all of us as equally important. He was extremely patient. His legal expertise was very reassuring. Nick clearly and calmly explained concepts that at first felt a little overwhelming. He made sure we all understood every step of the process as we went. Thanks to Nick we felt very empowered and confident we were making the correct decisions for us. Also, Mark Smith was extremely responsive and thoughtful with every interaction we had with the rest of the firm. I highly recommend Corcoran Smith. Nick Jacobs was wonderful!
Scott C Callaghan September 2025 · 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.
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.