San Jose Probate Attorney
Protecting heirs and beneficiaries when a San Jose 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 Jose 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, get advice before the estate moves forward.
Missing information, unexplained delays, sudden document changes, or unclear property transfers can become harder to address after assets are distributed or deadlines pass.
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 Jose 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 Jose
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 Jose probate and inheritance disputes
Corcoran Smith Law represents clients in probate, trust, and inheritance disputes involving San Jose families, Santa Clara County estates, and California property.
The Santa Clara County Superior Court Probate Division is located at the Downtown Superior Courthouse in San Jose. Probate disputes in San Jose may involve high-value real estate, business interests, complex family structures, trust assets, or beneficiaries located outside the Bay Area.
We represent clients in San Jose probate disputes while maintaining a statewide California practice.
We handle matters involving San Jose, Santa Clara, Sunnyvale, Cupertino, Campbell, Los Gatos, Milpitas, Mountain View, Palo Alto, Morgan Hill, and surrounding South Bay 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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Nicholas Jacobs is excellent! He's exceedingly knowledgeable, which gives you instant confidence in his assessments and advice, and what put our family's mind at ease is knowing he's honest to his core. He's a rare combination; Nicholas is everything you could hope for in terms of an exceptionally educated, trusted advisor, and yet his empathy is always forefront. Nicholas has a strong moral compass and has chosen his profession for all the right reasons. He's truly been a life saver, and our family is so grateful to have met him!
Sierra Smart March 2026 · Google
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Corcoran Smith Law was extremely helpful in assisting me through my Father's trust while I was not only grieving my father, but having a difficult time trying to figure out how to navigate the process. I had met with a couple of other attorneys before we connected and had been left confused and frustrated. Nick made extra efforts to ensure that I understood what the options were and made great recommendations. Their pricing was very fair and didn't leave me feeling like I was being nickel and dimed through the process. This definitely helped me feel comfortable asking extra questions instead of guessing while navigating a completely foreign process. Thank you!
Jerald Scott November 2024 · Google
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Attorney Nicholas Jacobs has been amazing to us during this difficult battle involving my father’s home. He has been compassionate, attentive, and consistently took the time to explain everything clearly. During an emotionally exhausting situation, he made us feel supported, heard, and confident that our case truly mattered. We are deeply grateful for his professionalism and dedication. Thank you
Wendy Bracy January 2026 · 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
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"I met with Nick Jacobs and Mark Smith to discuss my very unusual probate / child support case. I knew it was new territory for them and would be very time consuming as they had to deal with Child Support Services and learn the ins and outs of that agency. I was sure they would turn me away but to my surprise they took the case. During our initial call I explained the difficulties and the issues I had. They immediately started brain storming with me and put together a possible game plan. They were sympathetic and I could see they were clearly upset at the way this case started out for me. Their compassion for my plight was obvious. They genuinely cared and wanted to make things right for me and my kids. The following day I received a fee agreement. I had a few questions about the fees so I reached out to them and we came to a beneficial agreement for all. My life was a bit complicated and I was not as involved as I wanted to be but Nick took the lead and researched and reached out to the necessary people. From start to finish Nick kept me in the loop and at no time did I have to reach out for an update. If I had a question I would get a response the same day or early the next morning, which is not the norm for a law firm. Throughout this process I felt that I was heard, understood and valued as a person and not just a client fee. Once the case was completed I received my final bill and found that many of their working hours were not included in that bill. They absolutely went above and beyond to take care of me. I would highly recommend Corcoran Smith Law Corp. to anyone who needs legal advice. Thank you again to Nick and Mark for your dedication and tenacity and for putting people first.
Jackie Mauro December 2025 · Google
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Thank you Nicholas Jacobs for your professionalism, attentiveness and commitment to helping us with some legal documentation. If you’re looking for a lawyer who’s articulate, knowledgeable and makes you feel comfortable, look no further! We’re so fortunate we had Nicholas help us navigate our needs every step of the way.
Nagam Jabbar October 2024 · 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 Jose 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.