What Probate Attorneys Do: A Complete Guide for California Families

Probate attorneys guide personal representatives through the legal process of administering a deceased person's estate. Their work may include preparing and filing court documents, assisting with the identification and valuation of estate assets, addressing creditor claims, coordinating tax matters with appropriate tax professionals, handling the sale or transfer of estate property, and ultimately obtaining court approval for distribution of the estate.

Not every estate requires a formal probate proceeding. Assets held in a living trust, assets passing by beneficiary designation or certain forms of joint ownership, and estates that qualify for California's simplified procedures may be transferred outside of formal probate. When formal probate is required, however, the process is court supervised and involves a number of statutory requirements, notices, deadlines, and filings.

An important part of probate administration is identifying and addressing the decedent's debts and potential creditor claims. California law establishes specific procedures and deadlines for creditors to present claims against an estate. The applicable deadline may depend on when Letters are issued and whether the creditor receives formal notice of the administration.

A probate attorney helps the personal representative identify creditors, provide required notices, evaluate claims that are filed, and determine whether claims should be allowed or rejected. This process helps ensure legitimate estate obligations are properly addressed before the remaining estate is distributed to beneficiaries.

Probate administration may involve several different tax issues. Although California currently does not impose a separate state estate tax, an estate may have federal estate-tax obligations depending on its size and may also have income-tax filing requirements.

Depending on the circumstances, tax filings may include the decedent's final individual income-tax return, fiduciary income-tax returns for the estate, and, for estates meeting applicable requirements, a federal estate-tax return. Property-tax reassessment issues may also arise when California real property changes ownership.

Probate attorneys frequently coordinate with CPAs, enrolled agents, and other tax professionals to make sure tax issues are addressed before the estate is closed.

Disagreements sometimes arise during probate regarding the validity of a will, the actions of a personal representative, creditor claims, accountings, ownership of property, or the proposed distribution of estate assets.

Probate administration attorneys can help identify these issues and advise the personal representative regarding the effect a dispute may have on the administration. When a matter becomes contested or requires formal probate litigation, separate litigation counsel may be appropriate.

At ArchAngel Trust and Probate Services, APC, our practice focuses primarily on helping personal representatives administer uncontested probate estates. If significant litigation arises, we can help determine whether specialized probate litigation counsel should be involved.

Real estate is often one of the most valuable assets in a California probate estate. Depending on the circumstances, estate property may ultimately be distributed to beneficiaries or sold during the administration.

The procedure for selling real property depends in part on the authority granted to the personal representative. When the personal representative has full authority under California's Independent Administration of Estates Act, a sale may often proceed without a court-confirmation hearing after the required Notice of Proposed Action has been provided and no timely objection is received.

When the personal representative has limited authority, an objection prevents independent action, or court supervision is otherwise required, the sale may require court confirmation. Probate attorneys guide personal representatives through the applicable notice, appraisal, sale, and court procedures.

California does not generally require a personal representative to hire an attorney to administer an estate. However, probate involves numerous procedural requirements, deadlines, notices, accountings, and fiduciary responsibilities, and many personal representatives choose to obtain legal representation.

California law provides a statutory formula for compensation for an attorney's ordinary services in probate. The court may also approve additional compensation for extraordinary services when appropriate. Attorney fees approved by the court are generally paid from estate assets rather than personally by the personal representative.

For estates in San Bernardino County and San Diego County, working with counsel familiar with California probate law and local court procedures can help the personal representative understand what is required and keep the administration moving forward.

It is often helpful to speak with a probate attorney soon after a loved one's death, particularly before transferring, selling, or distributing assets. An attorney can help determine whether formal probate is actually necessary or whether a simplified California procedure or other nonprobate transfer may be available.

At ArchAngel Trust and Probate Services, APC, we understand that administering an estate comes at an already difficult time for a family. Our team guides personal representatives through the probate-administration process, from the initial court filings through final distribution, with an emphasis on clear communication and practical guidance.

With offices in Apple Valley and Mission Valley, San Diego, ArchAngel Trust and Probate Services serves families throughout San Bernardino County, San Diego County, and Southern California. If you have been named executor or need to petition to become administrator of an estate, we invite you to contact our office to discuss the probate process and determine the appropriate next steps.