Grief is hard enough, then the court paperwork shows up and everyone is looking to you for answers. Families tell us the process feels unfamiliar, and timelines keep stretching while bills and questions pile up.
At Vistas Law Group, our team brings more than 300 years of combined experience serving California families through probate and related disputes.
Our goal is simple: to break down what a probate attorney does in California and explain how the process actually works. This article is for educational purposes only and shouldn’t be taken as legal advice. Every situation is different, so be sure to speak with an attorney about your specific circumstances and deadlines.
What is Probate?
Probate is the court process that confirms a will, if one exists, then oversees the payment of debts and the transfer of assets to the right people. If someone passes without a will, called intestate, the estate still goes through probate under state rules. The process can take time, cost money, and cause stress if filings are missed.
In most cases, the court expects a personal representative, also called an executor or administrator, to complete several core steps in a set order.
- Open the estate with the court and receive legal authority to act.
- Identify, secure, and value assets like homes, accounts, and personal items.
- Notify creditors, pay valid claims, and handle taxes.
- Distribute what remains to the heirs or beneficiaries, then close the estate.
Each step has forms and deadlines. Good records and steady communication go a long way.
The Core Role of a Probate Attorney
A probate attorney is a state-licensed lawyer who helps executors, administrators, and beneficiaries work through the court process from start to finish. We explain what the will says, what California law requires, and how to complete the filings the court expects. We also help with notices, creditor claims, and court hearings.
Typical services include creating an inventory of assets, arranging appraisals, paying debts in the right order, resolving tax items, and distributing property. Many probate attorneys also handle estate planning for the living. Depending on your goals, document services from nonlawyer platforms can be more affordable for basic planning, while legal advice is helpful for custom issues.
With the basics set, let’s look at the day-to-day work involved in settling an estate and where legal help brings value.
Services Provided by a Probate Attorney
Settling an estate involves many moving parts. A probate attorney keeps the process on track, explains choices, and handles court communication.
Legal Guidance and Representation
We review the will and any trust documents, then explain what they mean in plain language. When questions come up among heirs, we point back to the documents and the law so everyone hears the same rules. If the court needs a hearing, we prepare the filings and appear on behalf of the executor or administrator.
This support keeps filings accurate and helps prevent repeat trips to the courthouse. It also gives families a point of contact for updates.
Asset Management and Inventory
An estate often includes real estate, vehicles, bank and brokerage accounts, retirement plans, and personal items. We help locate accounts, gather statements, and order appraisals where needed. Title problems, beneficiary designations, and missing records get handled along the way.
Life insurance, annuities, and payable-on-death accounts sometimes pass outside probate. Even so, they still need review to confirm ownership, claims, and tax reporting.
Debt and Tax Resolution
Valid debts must be handled before distributions. That means sending required notices to creditors, reviewing claims, and rejecting those that are not lawful or timely. Paying bills in the wrong order can create headaches later, so a clear plan matters.
We also guide personal representatives on tax filings, such as the decedent’s final income tax return and any required estate or fiduciary returns. Addressing taxes early helps avoid penalties and interest.
Will Contests and Disputes
Family tensions sometimes flare, even in close households. A probate attorney represents the client’s position in disagreements about capacity, undue influence, ambiguous wording, or property ownership. We gather documents, line up witnesses when needed, and present the case to the court.
Many conflicts can be resolved with clear communication and practical settlements. When that is not workable, we pursue court orders that protect our client’s rights.
Asset Distribution
Once debts, expenses, and taxes are cleared, the remaining property is transferred under the will or state law. We prepare receipts, deeds, and other transfer documents so distributions are clean and trackable. Proper paperwork helps prevent later disputes or title issues.
The court expects a final accounting that shows money in and money out. Accurate ledgers and supporting records keep that step smooth.
When is a Probate Attorney Necessary?
Some estates are simple, others bring business interests, out-of-state property, or family conflict. Factors like estate size, the nature of assets, and relationships among heirs all play a role in whether you bring in counsel. California’s rules are technical, and missing a deadline can add months.
Situations where hiring an attorney is strongly recommended include the following:
- Disputes among heirs or a will contest is likely.
- Real estate or a business needs to be sold or transferred.
- Significant debt, tax issues, or unknown creditors are present.
- Executors live out of state or cannot commit the time the court schedule demands.
State rules vary, too. As one example, Missouri typically requires attorney representation for a standard probate opened within one year of death. This shows how some courts treat estate work differently from personal cases since a personal representative is acting for the decedent and the estate, not just themself.
The Cost of a Probate Attorney in California
Probate attorneys use different fee structures. Some matters work best on hourly rates, others fit a flat fee for limited tasks, and California allows percentage-based fees for ordinary services tied to the gross value of the estate. Complicated disputes can involve extra fees approved by the court as extraordinary services.
California’s Probate Code sets a percentage schedule for ordinary services. The percentages apply to tiers of the estate’s value, not just a single flat number from start to finish.
Reducing Personal Liability for a Personal Representative
Executors and administrators carry real legal duties. Paying a creditor too soon, distributing property too early, or skipping required notices can expose the personal representative to claims. Courts expect careful handling of funds and records.
A probate attorney helps lower that risk with process, paperwork, and practical tips. Here are common guardrails we put in place to protect clients while they do this job.
- Use an estate account, never a personal account, and keep supporting records for every transaction.
- Send notices to known and reasonably known creditors, and track claim deadlines.
- Pay debts in the correct order, reserve for taxes and expenses, then distribute.
- Document every distribution with receipts or acknowledgments.
This approach helps the estate get finished fairly and legally, while protecting the personal representative and the beneficiaries from avoidable problems.
Vistas Law Group: Your Probate Partners
Vistas Law Group is committed to thorough, practical probate help for California families. With 300-plus years of combined experience, we aim for the best results we can get under the facts and the law, and we keep clients informed at each step. If questions are piling up or you just want a steady hand, we welcome your concerns.
Reach us in the Inland Empire at 951-307-9154 or in Los Angeles at 213-745-8747. You can also send a message through our website. We are ready to help with filings, hearings, and everything in between.