WHAT IS A PROBATE ATTORNEY, AND WHAT FUNCTIONS DO THEY PERFORM?

Probate

  • Home
  • -
  • -
  • Probate
  • -
  • WHAT IS A PROBATE ATTORNEY, AND WHAT FUNCTIONS DO THEY PERFORM?

What is a probate attorney, and what do they do? Many people wonder whether it’s even necessary to hire a probate attorney in California, CA. 

 

State laws allow almost anyone to act as an executor and complete the probate process. However, it is wise to seek legal advice from a state-licensed attorney when the estate is complex. 

 

Probate law in California is complicated. It’s not easy obtaining the necessary documents, let alone completing them accurately. The probate attorneys at Klosek Law Office can help you navigate probate law. 

 

What Does a Probate Lawyer Do? 

 

A probate lawyer acts as an objective third party and follows the deceased’s wishes detailed during the estate planning process. Among other things, the attorney will help the administrator manage any cash in the estate, gather all the assets the deceased had, file a creditor claim for funeral expenses (so that loved ones can get reimbursed), and help guide the administrator in the payment of any outstanding debt and estate taxes.  

 

As the executor, the attorney has a duty to ensure that they properly manage cash, real estate, and other assets for the benefit of the beneficiaries of the estate.

 

They will first determine which estate assets and debts are in play. The attorney must alert creditors about the death and see to it that they are correctly notified about the probate and reimbursed if their debts are valid and timely filed with the probate court (the administrator can wait until a creditor claim is filed or exercise his or her discretion to informally pay the debt if there is sufficient money in the estate to pay debts and the debt is valid). To deal with the probate distributions to the heirs and beneficiaries and file what’s called the “Petition for Final Distribution”, the executor must first pay all the bills and taxes (property, personal, estate). Sometimes, however, not all tax returns are yet due or payable--in such a situation the executor can request a reserve, so that future tax obligations can be paid from the reserve that has been set aside.  

 

If the administrator must sell estate assets to pay debts and creditors, the administrator has a fiduciary responsibility to obtain a fair market price for each asset sold. 

 

In some cases, the attorney may need to track down heirs and the assets of the individual. If a beneficiary inherits real estate, the probate attorney will transfer the property into the new name upon the close of the probate. For example, the judge will sign an order for final distribution, and this order is then recorded with the recorder’s office to put the beneficiary on title and put the world on notice with a recorded document. 

 

When Does Probate End?   

 

A typical probate lasts from 9 months to one year. More complex issues can drag on for several years. Where there is a dispute between the heirs that cannot be resolved, litigation may ensue which may delay the probate process. 

 

There are typically two hearings. The first hearing is required to appoint an administrator. The second hearing is required to obtain authority from the judge to distribute assets (the administrator submits a report of all the acts that have been taken and the judge either approves or disapproves the report, which may lead to further proceedings). 

 

If the beneficiaries are in agreement, certain steps can be taken to expedite the process. For one, the beneficiaries can agree to waive bond so that the administrator does not have to go out and pay for it. Second, the beneficiaries can agree to waive an accounting (otherwise an accounting may be required which delays the process and is an added expense). 

 

Is a Probate Lawyer Essential for a Simple Estate? 

 

The process may be avoidable where there are joint assets held in the name of inheriting partner (either as joint tenancy with right of survivorship, or community property with right of survivorship for married couples).. There is also no need for a full probate when the estate is small in size (summary probate proceedings such as petition to determine succession to real property may be used if the property is valued under $166,250)--however, it is still highly recommended that a probate attorney be hired for summary probate proceedings as a probate court hearing and probate court filings are required. 

 

Should probate be required under California law, it’s advisable for clients to seek sound legal advice. There are several steps that executors must follow, and missing these steps could result in severe consequences. 

 

Reach Out to the Professional Team at the Klosek Law Offices

 

If you’re dealing with the death of a loved one, the team at the Klosek Law Office will provide professional, empathetic support. We have experience estate planning, drawing up trusts or wills, and acting as an estate’s administrator or executor. 

 

Schedule your consultation today by calling Klosek Law Offices (916) 290-7560 in Sacramento, CA, and we’ll ensure that we follow each probate procedure necessary. 

Related Articles

WHAT IS A PROBATE ATTORNEY, AND WHAT FUNCTIONS DO THEY PERFORM?
Understanding The Role Of An Estate Executor: A Comprehensive Guide
Family meeting with an estate planning attorney to discuss a Heggstad Petition for transferring assets into a California living trust.
Strategic Efficiency: Navigating California’s Heggstad Petition for High-Value Estates
Couple comforting each other during loss, illustrating what to do when a loved one dies in California and the probate process after death
What to Do When a Loved One Passes Away in California: A Legal Step-by-Step Guide
Person signing a living will document, highlighting the importance of avoiding common legal mistakes in estate planning.
Common Mistakes to Avoid When Drafting a Living Will: Protecting Your Healthcare Wishes
California Heggstad Petition consultation for transferring a house into a living trust.
The Trust Is Active, But the House Was Left Out: A Rapid-Response Guide for California Trustees
What is an executor of a will?
California probate costs discussion with a home model and estate planning documents representing property, inheritance, and probate expenses.
California Probate Costs Are Higher Than You Think — And a Will Won’t Save You
Affidavit re Real Property of Small Value
Essential Estate Planning Tips for Modern Families: Trusts & More
Do You Have to Go Through Probate? Here’s How to Avoid the Lengthy Process in California
California Independent Administration of Estates Act
Revocable Trust vs. Irrevocable Trust: Living Trust In California
Family with young children at home, representing estate planning for guardianship, child protection, and future family care.
Beyond the Will: Protecting Your Kids from Court-Appointed Guardianship
Does Life Insurance Affect The Probate Process in California?
Navigating the Complexities of Estate Planning: A Comprehensive Guide to Choosing the Right Estate Planning Attorney
Documents labeled Living Will, Power of Attorney, and Advance Healthcare Directive on a table, highlighting key planning tools for California families.
Living Will vs. Advance Healthcare Directive: Essential Knowledge for California Families
Attorney guiding clients through a Heggstad Petition while reviewing trust documents to help avoid California probate.
Property Left Out of Your Trust? How a Heggstad Petition Can Avoid California Probate
Understanding Probate and Non-Probate Assets in California: A Comprehensive Guide
How to Change an Executor of a Will and Avoid Problems
Probate Petition Succession Property
Couple reviewing online estate planning documents on a laptop before consulting a California estate planning attorney.
The True Cost of “Cheap” Online Estate Plans: Why DIY Templates Often Fail in California Probate
An image of two individuals discussing estate documents with a gavel in view, highlighting probate attorneys' role in navigating California Assembly Bill 2016.
How California’s New AB 2016 Law Impacts Settling Estates: What You Need to Know in 2025
Person signing property documents for a Heggstad Petition involving a home, trust ownership, and California probate.
One Wrong Move Can Ruin a Heggstad Petition: Why Proving ‘Intent’ Requires Legal Precision
How to Communicate Your End-of-Life Wishes to Family and Healthcare Providers
Estate Planning vs Legacy Planning: Securing Your Future and Shaping Your Impact
A lawyer and client discuss documents at a desk with legal scales and a gavel, representing professional guidance for resolving Advance Health Care Directive disputes in California.
When Wishes Become Disputes: Navigating Family Conflicts Over Living Will Decisions
Probate attorney Sacramento consultation helping family members navigate contested estates, inheritance disputes, and probate court issues.
When Probate Becomes Personal: Protecting Your Rights in a Contested Estate
How Long Does Probate Take? A Simple Guide to a Complex Question
An estate planning attorney reviewing legal documents, emphasizing the importance of living wills and state-specific regulations for high-net-worth families.
The Legal Validity of Living Wills Across Different States: What High-Net-Worth Families Need to Know
Figuring Out What to Do When a Parent Dies Without a Will in California
California small estate affidavit
Dealing With Assets Subject to California Probate
Senior couple discussing Durable Power of Attorney for Healthcare with an estate planning attorney.
The Role of Durable Power of Attorney in Healthcare Decisions: Protecting Your Legacy With Precision
Legal professionals reviewing documents and discussing Future-Ready Estate Planning strategies to ensure a Living Will incorporates medical and technological advancements.
Incorporating Medical and Technological Advances into Your Living Will: A Framework for Future-Ready Estate Planning
Estate planning attorney guiding clients on naming beneficiaries for retirement accounts to secure their financial future.
Don’t Let Your Retirement Savings Get Lost: Why Naming Beneficiaries is Critical