Probate Realtor Help in Santa Clara County

Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

We serve Santa Clara County and provide probate real estate services.   What that means is we list homes in probate, trusts, and conservatorships.  We do not, despite many requests to do so, represent buyers on the properties we list or any other probate homes. We focus on representing sellers exclusively. 


Probate Real Estate Services vs Probate Legal Services

We received a call last week from a person who said “I watched your video on Conservatorships and have a few questions. My name is [blank] and my number is xxx-xxx-xxxx.”  

We know the Internet is where most people go to look for answers. We also know from experience that many people who call or request a consultation have missed a few facts from our website, in terms of what we do - the service we provideLicensed attorneys help with legal issues not real estate agents.

When we returned the call to the person who watched the video on How to Create California Conservatorships, the first thing we made clear is that the video is not Kathleen Daniels, Probate Real Estate BrokerIt is of a probate attorney, Jennifer F. Scharre.

Kathleen Daniels, the owner of the site, and the person who created the videos is a Certified Probate Real Estate Specialist, also known as CPRES

Not only do we need to know who we are speaking with, but callers also need to understand who we are, what we do, and what we do not do.  In other words, if the call is legal in nature, and not real estate, the best we can do to help is to refer to a probate attorney who can. We do not offer free probate legal help.  Santa Clara County attorneys charge for their time

Many people who call us do not have the financial means to hire an attorney to get the legal help they need. That was the case with the person who called last week. 

Despite the fact that we made it perfectly clear we are not attorneys, not licensed to practice law or give legal advice, the caller continued to ask questions and told the story of their spouse having had a stroke over two years ago. The spouse’s family member took the spouse to their house.  They do not return calls or communicate in any way regarding their spouse.

Probate Court in Santa Clara County manages ConservatorshipsThe caller claimed their spouse’s family member filed for a conservatorship; the papers were not signed. There are no court records, etc., and wanted to know ... how can they do that? 

The caller was asked “what is it that you want to accomplish?” the response was “I want my spouse to get the medical treatment needed so they can recover.” 

While we are deeply sorry for the many unfortunate, and sometimes tragic stories we hear, we do not provide legal assistance and the attorneys we recommend do not offer free probate legal help. 

We explained that they need an attorney for that.  Some attorneys provide a free consultation and others charge for their consulting time. The attorney will establish the fact pattern and determine if they want to take the case. Most will charge a hefty retainer fee. Rates range from $400 to nearly $700 an hour.  The caller was shocked. 

While we cannot, and do not give legal or tax advice, we provide the professional courtesy of responding to all calls and consultation requests including those that are out of our service area and/or legal in nature.

If out of our service area in Santa Clara County, we recommend people contact a local attorney well versed in whatever area of law they seek help. If the help needed is in our service area, then we can suggest legal and tax resources for people who have the financial means.


Certified Probate Real Estate Specialist

Santa Clara County Probate Real Estate HelpIf properties are located in other areas of the state or out of the State of California, we are happy to help by recommending a real estate broker/agent where the home is located.  We are networked with CPRES agents all across the U.S. When people need to sell a home in probate, held in a trust, or conservatorship in Santa Clara County, we can help! It is what we do.


Our clients appreciate our knowledge and dedication to serving their needs. We are proud of what clients have to say about Kathleen Daniels


When you need probate Realtor help in Santa Clara County, contact Kathleen Daniels, she is a Certified Probate Real Estate Specialist, certified in Professional Fiduciary Management for Trustees, is well trained, and experienced in all aspects of probate real estate and the Santa Clara County probate court.   



Probate Real Estate Services in Santa Clara County was originally published on September 19, 2021



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Kathleen Daniels, Managing Broker-Owner of KD Realty, Need Probate Help and Probate Real Estate Services serving San Jose and Silicon Valley. Kathleen and her team specialize in listing Probate & Trust homes for sale. 

 DRE# 01366594 

Comments (12)

Kat Palmiotti
406-270-3667,, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

Being clear about what services we do or do not provide is critical to ensuring there are no misunderstandings!

Oct 11, 2021 05:42 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Indeed Kat Palmiotti - we feel the website is clear - Santa Clara County Probate Real Estate Services - CA RE Broker.  So many do not process that and are looking for free legal help. 

We have made a lot of referrals to attorneys when people have the financial means to pay.  Sadly, so many people need legal help and do not have the $$$ means to pay. 

Thank you for stopping by and commenting. 

Oct 11, 2021 08:26 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Kathleen it takes discipline to stay in our lane.  To many cross the line, and then find themselves in a legal mess because of the advice they were not qualified to give.

Oct 11, 2021 01:28 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

You are so right George Souto - just because we think we may know the answer we are walking a very thin line if we give information we are not licensed to give. Thank you for stopping by and commenting. 

Oct 12, 2021 07:35 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate Brokered by Real - St. George, UT
St. George Utah Area Residential Sales Agent

Very good explanation about your expertise Kathleen and what you refuse to do, for any reason, to serve people well. 

Oct 12, 2021 06:23 PM
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

Great post Kathleen describing your services.  I would venture to say I cannot think of anybody I know in real estate who knows more about this specialty  than you!  🕌

Oct 15, 2021 02:00 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Thank you, Gary Frimann, CRS, GRI, SRES 

I've dedicated years to learning this specialization ... and continue learning to keep current. 

Oct 16, 2021 07:39 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Wanda Kubat-Nerdin - Wanda Can! Thank you. 

Staying in our lane keeps us out of court and serves our clients best.


Oct 16, 2021 07:44 PM
Nancy Frimann
Eagle Ridge Realty/Signature Homes & Estates - Gilroy, CA

Nice post to advertise your services.  I know you treat your customers well!

Oct 19, 2021 07:46 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Thank you, Nancy Frimann - my clients appreciate that I put my heart and soul into all that I do for them.  And, I enjoy helping people.

Oct 19, 2021 09:01 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Kathleen it amazes me how many people do not read the entire message, or listen to the entire message.... I get calls from many different people depending on what post I wrote could be people looking for service, jobs etc.... I graciously tell them I am the Realtor who wrote the post not the thing what they need.... how is the old saying the devil is in the details...Endre

Oct 23, 2021 09:45 PM
Eagle Ridge Real Estate Agents
Eagle Ridge Realty - Gilroy, CA
Representing Buyers and Sellers in Eagle Ridge

What a wonerful service you are providing for clients during what can be a very difficult time in their lives.  Great specialty, and I know you really know all about selling probate homes.

Nov 01, 2021 12:43 PM