What Does a Probate Attorney Do in California?

A probate attorney in California guides the executor or administrator through the court-supervised process of settling a deceased person's estate. The attorney prepares petitions, files notices, manages creditor claims, responds to beneficiary objections, and ensures the estate complies with statutory deadlines and accounting rules before assets are distributed and the case is closed.

What Does a Probate Attorney Do at the Start of a Case?

The attorney begins by confirming whether probate is required and, if so, which form. The attorney reviews the will (if one exists), identifies all heirs and beneficiaries, and determines the estate's gross value to calculate filing fees and statutory compensation. The attorney then prepares the petition for probate, attaches the original will, and files it with the probate court in the county where the decedent lived. The attorney arranges for publication of the citation to creditors and mails notice to every heir, beneficiary, and government agency entitled to receive it. Once the court sets a hearing date, the attorney prepares the order admitting the will to probate and appointing the executor, or appointing an administrator if there is no will. The attorney also obtains letters testamentary or letters of administration, the documents that give the personal representative legal authority to act on behalf of the estate.

How Does a Probate Attorney Handle Creditors and Claims?

After appointment, the attorney advises the executor on the statutory notice to creditors and the claims procedure. The attorney files the notice with the court and arranges for publication in a newspaper of general circulation. Creditors then have a limited window to file claims; the attorney reviews each claim, advises whether it is valid, and prepares allowances or rejections. If a creditor's claim is disputed, the attorney represents the estate in the claim litigation. The attorney also ensures that ongoing obligations—mortgages, utilities, insurance—are paid from estate funds and that the executor does not use personal funds or commingle accounts. The claims process protects both the estate and the executor from personal liability for debts paid or rejected incorrectly.

What Does a Probate Attorney Do During Estate Administration?

The attorney guides the executor through the inventory and appraisal, working with the court-appointed probate referee to value all assets as of the date of death. The attorney prepares the inventory form and files it within the statutory period. The attorney advises on which assets require court permission to sell and prepares petitions for authority to sell real property, securities, or business interests when necessary. The attorney also handles disputes: if a beneficiary objects to the inventory, challenges the will's validity, or accuses the executor of self-dealing, the attorney represents the executor in those proceedings. Throughout administration, the attorney ensures the executor complies with fiduciary duties—acting in good faith, keeping records, and treating beneficiaries impartially—and documents every decision to protect against later surcharge claims.

When Does a Probate Attorney Prepare the Final Accounting and Distribution?

Once all debts and taxes are paid, the attorney prepares the final account and petition for distribution. The account lists every receipt and disbursement, supported by bank statements and receipts, and proposes how the remaining assets will be divided among the beneficiaries according to the will or intestate succession rules. The attorney files the petition, serves it on all interested parties, and appears at the hearing to present the accounting and answer any objections. If the court approves, the attorney prepares the order for final distribution and the receipts each beneficiary signs upon receiving their share. The attorney then petitions to discharge the executor and close the estate. The discharge relieves the executor of further duties and liability, and the case is formally concluded.

Which Parts of Probate Can a Family Handle Without an Attorney?

California law permits an executor to represent the estate without counsel, and the court self-help center provides forms and instructions for straightforward cases. Families sometimes proceed on their own when the estate is small, all heirs cooperate, there are no disputes, and the assets are simple—bank accounts and personal property with clear title. The court will not provide legal advice, but it will accept properly completed forms. However, the executor remains personally liable for mistakes: missing a deadline, failing to notify a creditor, or distributing assets before claims are resolved can result in a surcharge. Most executors hire an attorney because the statutory fee is paid from the estate, not the executor's pocket, and the attorney's work protects the executor from personal risk. Beneficiaries who suspect misconduct should consult separate counsel; the estate's attorney represents the executor, not the heirs.

As of September 2026, a probate attorney in California prepares and files all court documents, ensures compliance with notice and creditor-claim deadlines, advises the executor on fiduciary duties, and represents the estate in disputes with beneficiaries or creditors. The attorney's statutory compensation is calculated on the estate's gross value and covers ordinary services; extraordinary work requires separate court approval. This summary applies to formal probate administration and does not cover small-estate affidavits, trust administration, or cases where the executor proceeds without counsel and accepts personal responsibility for compliance and liability.

The attorney's work is sequential: each phase depends on completing the prior one correctly, and missing a step can delay the case or expose the executor to liability. The court does not manage the estate day-to-day; it reviews what the attorney files and rules on disputes. The executor makes decisions, but the attorney structures those decisions to comply with the law and protects the executor's record in case a beneficiary later challenges the administration. For a detailed explanation of the timeline and costs, see the pages on probate administration, probate costs and fees, and executor duties. Beneficiaries who are not receiving information or suspect misconduct can review their rights and remedies on the beneficiary rights page.

If you are an executor weighing whether to hire counsel, or a beneficiary concerned about how the estate is being handled, talking through your situation costs nothing and clarifies your options. Corcoran Smith Law answers (415) 275-1492 around the clock, or you can tell us what happened in writing—nothing you say commits you to anything.