San Diego Probate Attorney
Probate attorneys for San Diego County families
If a loved one died owning California property that was not held in a trust, the estate is almost certainly headed for the probate department downtown. Here is who we are locally, and how the engagement works.
Tresp Law, APC represents executors, administrators, heirs and beneficiaries in San Diego County probate. Petitions for county residents are heard in the Superior Court’s Central Division, and we meet clients at Mission Brewery Plaza in San Diego or in Cardiff-by-the-Sea. Probate attorney fees are set by statute under Probate Code §10810.
This page is about working with us in San Diego. If what you need is the mechanics of California probate — the petition, the personal representative’s duties, the inventory and appraisal, the fee tiers and the timeline — that is all set out in detail on our probate administration page, and we would rather send you there than repeat it here.
Probate in San Diego County
- Where the case is heard
- San Diego County Superior Court, Central Division
- Our closest office to the courthouse
- Mission Brewery Plaza — 2150 W Washington St, Suite 203, San Diego, CA 92110
- Coastal and North County office
- Cardiff-by-the-Sea — 2533 S Coast Hwy 101, Suite 210, Cardiff-by-the-Sea, CA 92007
- Attorney fees
- Set by statute — Probate Code §10810, on the gross value of the estate
- Who we act for
- Executors, administrators, heirs, beneficiaries and creditors
- Phone
- (858) 248-2779
Which courthouse will your probate be in?
San Diego County Superior Court hears probate matters in its Central Division. That is true whether the decedent lived in Carlsbad, Chula Vista, El Cajon or downtown — there is no separate probate department in the branch courthouses, so a North County family and a San Diego family end up in the same place. Our Mission Brewery Plaza office was chosen for exactly that reason: it is minutes from the county courthouse, which matters on the days a filing, a hearing or a records run cannot wait.
Where you would actually meet us
We keep two San Diego County offices. Our Cardiff-by-the-Sea office at 2533 S Coast Hwy 101, Suite 210, Cardiff-by-the-Sea, CA 92007 is our mailing address and sits in the heart of Cardiff, across the street from the ocean. Our Mission Brewery Plaza office at 2150 W Washington St, Suite 203, San Diego, CA 92110 is in central San Diego, minutes from the county courthouse. A third office serves Wyoming clients at 821 S Main St, Kemmerer, WY 83101. You can see all three on our locations page.
What working with us looks like
Probate is a long process and most of the anxiety in it comes from not knowing what happens next. This is the sequence we follow, and what we ask of you at each stage.
| Stage | What we handle | What we need from you |
|---|---|---|
| First conversation | We look at the will, the title on each asset, and whether probate can be avoided at all — sometimes a Heggstad petition or a small-estate procedure is the better route | The will if there is one, a rough list of assets, and the death certificate |
| Opening the estate | Preparing and filing the petition in the Central Division, arranging publication, and serving the statutory notices | Names and addresses of heirs and beneficiaries |
| Appointment | Appearing at the hearing and obtaining Letters for the personal representative | Generally nothing — appearances are usually handled by counsel |
| Administering | Inventory and appraisal through the probate referee, creditor claims, tax returns, and any real property sale | Access to account statements and cooperation on property questions |
| Closing | The petition for final distribution, the statutory fee calculation, and transfer of title to the beneficiaries | Signatures, and a decision on how distributions should be made |
Communities we serve from the San Diego office
Clients come to the Mission Brewery Plaza office from across the city and the county — including La Jolla, Carmel Valley, Poway and Rancho Bernardo — and to Cardiff-by-the-Sea from the coastal communities. If you are north of the 56, our North County page is probably the more useful starting point.
When probate is not the only problem
Estates arrive with complications attached. Where an asset was never re-titled into a trust, a Heggstad petition under Probate Code §850 may keep it out of probate entirely. Where beneficiaries are in conflict with the personal representative, that is trust and probate litigation, heard in the same Central Division. Where a trust exists and was properly funded, you may be looking at trust administration instead, which is faster and private.
Talk to a San Diego probate attorney
Tell us what you are dealing with and we will tell you plainly where you stand, which office is most convenient, and what the next step costs. Call (858) 248-2779 or request a consultation online. Tresp Law, APC was founded in 2013 by Elizabeth A. Tresp, JD, LL.M., who reviews every matter the firm takes.
Related services
Common questions
Frequently asked
Where are San Diego County probate cases heard?
In the Central Division of the San Diego County Superior Court. Probate matters for the whole county are handled there rather than in the branch courthouses, so the venue is the same whether the decedent lived downtown, in Encinitas or in Escondido.
Do I have to attend the probate hearings myself?
Usually not. Routine probate hearings in San Diego are ordinarily handled by counsel, and we appear for the personal representative. If a matter becomes contested, we will tell you well in advance when your presence would help.
How much does a probate attorney charge in San Diego?
The same as anywhere in California — the fee is set by statute, not by the firm. Probate Code §10810 sets 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000 and 0.5% of the next $15,000,000, calculated on gross value. The full schedule is on our probate page.
Which of your offices should I come to for a probate matter?
Whichever is closer. Mission Brewery Plaza at 2150 W Washington St, Suite 203, San Diego, CA 92110 is the more convenient office for central and south county clients and is minutes from the courthouse; Cardiff-by-the-Sea at 2533 S Coast Hwy 101, Suite 210, Cardiff-by-the-Sea, CA 92007 serves the coast and North County. The case is filed in the same court either way.
Can you help if the decedent lived elsewhere but owned San Diego property?
Yes. California real property generally has to be administered in California even when the main estate is being handled in another state, which is an ancillary proceeding. It is filed here in San Diego County, and we handle those alongside out-of-state counsel.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California trust and probate law is fact-specific and deadlines are unforgiving — please speak with a qualified attorney about your own circumstances.
Talk with a San Diego trust & estate attorney
Let’s protect what you’ve built.
Whether you are planning ahead, administering a trust or estate, or facing a dispute, our attorneys will tell you plainly where you stand and what your options are.