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San Diego Probate Estate Litigation Attorneys

Our team of San Diego probate estate litigation lawyers are leaders in the field, and we are proud to be recognized by our peers and community as some of the best attorneys in the county. We use our decades of experience representing executors, administrators, heirs, beneficiaries, spouses, and creditors in probate disputes to offer dedicated legal guidance and help you move on with life sooner.

What is Probate Litigation?

Probate litigation involves legal disputes that arise after someone passes away, often related to the validity of a will, the actions of an executor or trustee, or conflicts among heirs and beneficiaries. In San Diego, these matters frequently involve high-value estates, complex family dynamics, and disputes over significant real estate holdings and business interests.

Cases in communities like La Jolla, Rancho Santa Fe, Del Mar, Coronado, and Carmel Valley often involve luxury properties, family trusts, and intergenerational wealth. Common issues include will contests, claims of undue influence, breach of fiduciary duty, disputes over asset distribution, and conflicts between beneficiaries.

Successfully navigating probate litigation in San Diego requires experienced attorneys who understand both California probate law and the procedures specific to the San Diego County Superior Court. At RMO Lawyers, we are committed to helping clients resolve these matters with skill, efficiency, and care.

Our San Diego Office

With an extensive network that spans across California, our San Diego clients can conveniently find us at our local office and contact us to schedule a consultation.

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San Diego Probate Litigation Attorney Spotlights

Our probate litigation attorneys are widely recognized throughout San Deigo and across the country for their skill in resolving complex estate disputes. We pair strategic courtroom advocacy with a client-first mindset, delivering trusted guidance with professionalism, integrity, and care.

Scott E. Rahn
  • Founding Partner
Scott E. Rahn
  • Founding Partner
As every San Diegan knows, San Diego is a special place, and the probate and estate litigation community reflects that same blend of professionalism, collegiality, and quiet sophistication. The disputes we handle are often complex, but the people involved—clients, counsel, courts, and referral partners—tend to approach matters with mutual respect and a shared focus on resolution. There is a strong sense of purpose here that aligns with our core values at RMO: protecting and guiding families through some of the most difficult chapters of their lives with empathy and precision. In San Diego, our work consistently makes a meaningful impact, not only in the results we deliver, but in how clients feel throughout the process.
Uzzell S. Branson IV
  • Senior Attorney – San Diego
Uzzell S. Branson IV
  • Senior Attorney – San Diego
Attorneys who practice probate litigation in San Diego tend to stay rooted in the community. While they may expand to other counties, they remain committed to San Diego because of its strong legal culture. The local probate bar is small, but focused and collaborative, with shared efforts to streamline procedures and solve recurring issues efficiently. Tools like the PASD Probate Handbook and the active local listserve provide invaluable support, not just for attorneys but for the public as well. Professionals here are encouraged to be cooperative and transparent. Those who create unnecessary conflict are often encouraged to adjust, thanks to the accountability that comes with a tight-knit legal community. San Diego offers the resources of a major metropolitan area with the culture and cohesion of a small town, which makes it an ideal place to practice probate litigation.
Alexis J. Goldberg
  • Attorney
Alexis J. Goldberg
  • Attorney
San Diego may have a small-city feel, but its legal matters are shaped by its global reach through international commerce, immigration, and the presence of military institutions. This often leads to probate and estate disputes involving complex planning, cross-border assets, or unique fiduciary challenges. Residents of San Diego expect their legal counsel to be skilled, thoughtful, and efficient. To be effective in this community, attorneys must respect court procedures, use client resources wisely, and set clear, honest expectations. Practicing probate estate litigation in San Diego is rewarding because of the integrity of the professionals involved and the meaningful relationships formed with clients and colleagues alike.

Probate Estate Litigation Services We Offer in San Diego

Disputes raised through probate estate litigation can be mentally and emotionally taxing. The compassionate guidance from a skilled attorney can go a long way toward making the process easier and securing your rights. Our San Diego probate estate litigation law firm offers the following services to help.

Will Contests

If a party suspects a will is invalid or illegitimate, they may choose to challenge the will’s admission into probate. Common circumstances for a will contest include a lack of testamentary capacity of the testator, undue influence against the testator, fraud, or improper execution of the document.

Our probate litigation attorneys can offer guidance on whether you may have legal grounds for a case and walk you through the process of initiating a will contest in the courts. If you are looking to validate, invalidate, or appeal a will, RMO LLP can help.

Executor & Administrator Breach of Fiduciary Duty

Personal representatives have a legal responsibility to act in the best interests of an estate and the beneficiaries identified in the decedent’s will. If you suspect an executor has failed to uphold this duty, RMO can help, with over two decades of experience in handling breach of fiduciary duty lawsuits. We also provide guidance for executors and administrators in navigating their duties or defending against such claims.

Contested Estate Administration

A smooth estate and probate administration ensures a fair distribution of assets to a decedent’s heirs and can be instrumental in preventing litigation altogether. The guidance of an experienced probate litigation attorney can be a valuable resource in pursuing a smooth, equitable result and seeking a resolution in the event that litigation does arise. With two decades of first-hand experience in the intricacies of wills and estate settlements and disputes, our team at RMO can help. 

Inheritance Disputes & Theft

Inheritance is the legal process in which a deceased person’s assets are distributed to their heirs or beneficiaries during the settlement of the estate. This process is typically guided by the instructions of a will or trust. However, if no will exists, the estate’s settlement will be guided by state laws of intestate succession.

Several types of disputes can arise throughout this process, such as when the beneficiaries disagree on the terms outlined in a will. The lawyers at RMO have extensive experience in inheritance disputes and theft litigation and are equipped to help you navigate these sensitive issues.

Frequently Asked Questions About Probate Litigation in San Diego

The timeline for probate litigation depends on several factors, including the complexity of the estate, the number of parties involved, and whether the case proceeds to trial. Some disputes in San Diego County can be resolved within a few months. Others, especially those involving contested wills or breaches of fiduciary duty, may take a year or longer. Our priority is always to move matters forward efficiently while protecting your interests every step of the way.

Costs vary depending on the nature of the dispute, the number of court filings, expert involvement, and whether the case is resolved through settlement or trial. At RMO Lawyers, we provide clear, upfront discussions about fees so that you can make confident and informed decisions from the beginning.

Yes. Most probate cases in San Diego are handled through the San Diego Superior Court, Probate Division, located in the Central Courthouse downtown. This court has specific local rules and filing procedures that differ from other counties, including strict deadlines, formatting guidelines, and hearing calendars. Our firm is experienced with these local requirements, helping clients avoid costly mistakes and procedural delays.

San Diego’s high-value real estate market, particularly in areas like La Jolla, Coronado, Encinitas, and Point Loma, means that many estates include significant real property assets. These can be sources of major conflict among heirs, especially when dealing with jointly owned properties, reverse mortgages, or disputed transfers made before death. We help clients evaluate title history, property tax implications, and market value to protect and divide real estate fairly during litigation.

Yes. We frequently resolve probate disputes in San Diego through mediation and other forms of alternative dispute resolution. These approaches often allow families to avoid the cost, delay, and stress of trial while still achieving favorable and fair outcomes.

No. We offer a free, no-obligation consultation for probate estate litigation matters. During this meeting, we will take time to understand your situation, review key facts, discuss potential fees and strategies, and provide guidance on next steps tailored to your specific goals.

We represent clients across a wide range of probate litigation matters, including contested wills, undue influence claims, breach of fiduciary duty, disputes involving executors or administrators, and elder financial abuse. Whether you are initiating a claim or defending one, our team is here to protect your rights and preserve your interests.

Why Hire a Probate Litigation Lawyer in San Diego

When facing a probate dispute in San Diego or the surrounding areas, including La Jolla, Rancho Santa Fe, Del Mar, Carmel Valley, Escondido, and Coronado, it is essential to work with attorneys who understand both California probate law and the practices of the local court system. Our experienced probate litigation attorneys are deeply familiar with the San Diego County Superior Court and are committed to helping clients navigate even the most complex estate disputes with skill, efficiency, and care.

San Diego Probate Litigation Thought Leadership and Community Recognition

Our attorneys actively contribute to the professional and legal community throughout San Diego. As members of the San Diego County Bar Association and Probate Attorneys of San Diego, they remain engaged in advancing legal understanding and best practices in the administration of trusts and estates.

Publications and Media Features

Our team participates in conversations that matter to San Diego families, fiduciaries, and professionals. Whether through contributions to professional forums or community broadcasts, we provide practical guidance on trust litigation, probate disputes, and protecting the interests of vulnerable individuals.

Recognition and Awards

Members of our team have been recognized locally for their leadership and impact with distinctions including:

Speaking Engagements and Community Education

Our attorneys frequently share insights with local audiences to promote awareness and understanding of estate and trust matters. Recent speaking engagements include:

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Client Testimonials

Read our client testimonials after working our San Diego Probate estate litigation attorneys.

Prioritizes Understanding

“I am honored to work with RMO Lawyers. RMO Lawyers prioritizes understanding and addressing clients needs with a high level of personalization.”

— Kimberly M.

Commitment to Client Care

“Their professionalism and commitment to client care truly stood out. I highly recommend RMO lawyers to anyone who needs probate and trust attorneys!”

— Teela R.

Response & Knowledgeable

“Working with Uzzell Branson was a great experience. He was easy to work with, responsive, and very knowledgeable of trust law. He helped us navigate a difficult family situation and ultimately a fair and satisfactory outcome for all parties.”

— Sue M.

Always Available

“I decided to hire RMO law firm and Stephanie K. Delaney was my Lawyer. She worked very hard and was a big help getting me through a lot of the problems dealing with assets and family issues. She remained calm helping me get through this long drawn out process. She was easy to get a hold of and was always available when things got out of control.”

— Barbara Z.

San Diego Probate Estate Case Wins

The San Diego probate estate litigation attorneys at RMO LLP have a strong track record of success in protecting people and defending legacies.

Saved Mom’s House and Legacy from Foreclosure
Prevented foreclosure of mom’s house - the estate’s only significant asset - by securing ex parte appointment as Special Administrator and then obtaining a temporary restraining order preventing the home’s foreclosure so the property could be sold, securing mom’s legacy for her children and grandchildren.
Secured Long Overdue Child Support from Deadbeat Dad’s Estate
Represented former spouse in collecting long-unpaid child support through creditor’s claim procedure from her ex-husband’s estate.
These Aren’t the Droids You’re Looking For
Faced with overly aggressive allegations that our client owed contribution and reimbursement for property taxes and related real property expenses, as well as attorney’s fees and costs, concerning a property she and her sister had inherited, we were able to help our client’s sister understand that there was no “there” there.

Who We Represent in San Diego Estate Litigation Disputes

Cases of probate estate litigation are complex and have implications for multiple interested parties. RMO can offer support on all sides of an issue. Our San Diego probate estate litigation lawyers represent all the following clients in understanding their legal rights and pursuing the best possible outcome.

Executors & Administrators

We can help estate representatives understand their duties during estate administration to minimize the risk of disputes. If you find that your appointment or administration efforts are being challenged, we are ready to handle your probate and estate litigation. Our attorneys offer support in challenges such as competing probate petitions or objections, will contests, breach of fiduciary duty claims, petitions for instructions, petitions for removal, or more.

Beneficiaries & Heirs

Beneficiaries and heirs are often at the center of disputes over wills and inheritances as they have a direct stake in the estate’s assets. Our probate estate litigation attorneys in San Diego protect the unique rights of beneficiaries and heirs and safeguard their interests by taking steps such as offering representation in disputes, contesting amendments, and securing their rightful claims to assets.

Spouses

Spouses have unique rights in cases of probate estate litigation. Our San Diego probate estate litigation attorneys provide legal guidance to surviving spouses so that they can understand these rights, navigate probate disputes, and reclaim what is rightfully theirs. RMO provides legal counsel for spousal claims, offers representation in litigation, and more.

Creditors

Creditors with outstanding debts must follow stringent procedures and timelines during the probate process to resolve their claims. In these cases, our San Diego probate estate litigation lawyers can support you in navigating proper legal avenues to assert a claim and pursue what’s rightfully yours.

San Diego Probate Courts

The San Diego County Probate Courts are a statutorily created probate court system with elected judges that oversee matters pertaining to estate administration and litigation. A probate court generally takes on several tasks:

  • Probates the wills of deceased persons
  • Declares the heirs of deceased persons who die without a will
  • Establishes conservatorships for incapacitated persons and minors
  • Supervises court-ordered involuntary mental health commitments in the County of San Diego

A probate court has jurisdiction to hear lawsuits appertaining to or incident to an estate of a decedent or ward, as well as actions by or against a personal representative of a decedent’s or ward’s estate. Such cases heard in the courts may cover a range of topics, such as product liability, fiduciary litigation, medical malpractice, family law, and more.

Probate Courts in San Diego

Probate litigation matters are overseen by the probate court with jurisdiction over cases raised in the county of San Diego. The San Diego County Superior Court probate department is located at: 

San Diego Will And Estate Legal Forms

The attorneys at RMO are equipped to assist you in finding and understanding any forms that may be necessary for your case. California probate forms are distributed by the Judicial Council of California and standardized across all counties, allowing you to search for and find the proper forms through the California Courts website.

For localized forms and additional resources specifically pertaining to San Diego County, visit the San Diego Superior Court Probate Forms website. By working to understand your case, the team at RMO LLP will support you in identifying and completing the necessary documentation that pertains to your case.

Why Hire RMO Lawyers

At RMO LLP, probate disputes are at the heart of what we do, and we do them really well. By working diligently and fiercely advocating for our clients, we help get better real-world results sooner so they can move on with their lives. In all of our cases, we never lose sight of our clients, their goals, and their best interests.

Our clients view us as some of the best lawyers in the San Diego area and California at large, but they know us as even better people. While we take pride in our efforts in the courtroom, we also go above and beyond to serve our community with a high level of character, empathy, and professionalism. 

We always stay true to our core values:

  • Lead with Integrity
  • Precision-Driven Results
  • Stronger Together

How do these values come to life for our San Diego clients? This means that we’ll center your voice throughout the case, taking the time to hear you, compile the facts of your case, and understand the unique family dynamics involved. Then, we’ll create a winning strategy in search of the best possible outcome in as little time as possible.

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