Our Services
Probate
When a full probate is required, we handle the entire case: the petition for probate, appointment of the executor or administrator, the inventory and appraisal, creditor notices and claims, and the final petition for distribution. Our practice is probate-only and built for uncontested cases, so filings are prepared for e-signature, court appearances are made by us, and out-of-area executors can complete nearly everything remotely. Fees follow the reasonable-fee schedule of Probate Code Section 10810 — quoted to the dollar at engagement — and a typical uncontested case runs 9 to 18 months from filing to final distribution.
New law affecting small estates and probate filings takes effect April 1, 2025.
Heggstad Petition
When someone builds a living trust but a house or account never actually made it into the trust, the asset is stranded — titled outside the trust the decedent meant it for. A Heggstad Petition (Probate Code Section 850) asks the court to confirm the asset belongs to the trust, based on the trust documents and evidence of the decedent's intent — without a full probate of the stranded asset.
When is it used?
A Heggstad Petition is typically used when:
-
The decedent created a valid trust,
-
The asset was listed on a trust schedule or there is written evidence of intent to include it in the trust, but
-
Title was mistakenly left in the individual’s name instead of the trust.
Done right, it is a single-hearing procedure that typically resolves in roughly 2 to 3 months — one of the most cost-effective corrections in California probate practice, and one we handle constantly.
Spousal Property Petition
When assets pass to a surviving spouse or registered domestic partner — community property, or property left to the spouse by will — California offers a dramatically simplified path: the Spousal Property Petition. Instead of a full administration, the court confirms the property's passage to the spouse in a single hearing.
Who is eligible?
You may qualify to file a Spousal Property Petition if:
-
You are the surviving spouse or registered domestic partner, and
-
The decedent's property passed to you either through community property rights or by will/trust.
The petition typically finishes in roughly 2 to 3 months instead of the 9 to 18 months of a full probate — for many widows and widowers, the difference between a year-plus case and a spring resolution. We evaluate every married-decedent case for this option first.
Trust Administration
When someone dies leaving a revocable living trust, the estate doesn't need court probate, but California law still requires the successor trustee to follow specific steps to wind down the trust correctly, including notice under Probate Code section 16061.7, marshaling assets, resolving debts, accounting, and final distribution.
We guide trustees through the process remotely from our Dublin and Berkeley offices, protecting them from personal liability along the way.
Why Choose us
Plan Ahead with Confidence, Rely on Experience.
At Advance Planning, we make it easier to understand your legal options, connect with a qualified attorney, and start building a secure plan for your family.
_edited.png){kind=small}
Focused on Probate
We focus on California probate law delivering expert legal guidance tailored to your family’s needs.
_edited.png)
Led by an Experienced Attorney
Attorney Grant A. Toeppen is licensed in California and New York, bringing years of legal experience and mediation skills to every case.
Serving Multiple California Counties
We represent clients throughout California, with deep roots and a focus in the Bay Area:
Alameda County: Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, Ashland, Castlewood, Castro Valley, Cherryland, Fairview, Happy Valley, Hillcrest Knolls, San Lorenzo, and Sunol
Contra Costa County: Antioch, Brentwood, Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Danville, and Moraga
Also serving: Santa Clara, San Mateo, and San Francisco counties. Remote representation is available statewide.