Losing a loved one is never easy, and dealing with their estate can add stress during an already emotional time. This article will address the question: when do you need a probate lawyer in California. California’s probate process can be complex and time-consuming—but in many cases, a probate lawyer can help you navigate it with confidence and avoid costly mistakes. This article explains when you may need a probate lawyer in California and how they can help.
What Is Probate?
Probate is the court-supervised process of administering a person’s estate after they pass away. California law defines a probate proceeding in Probate Code § 50 as one that administers a decedent’s estate under court supervision. It typically involves:
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Proving the validity of a will
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Identifying and valuing assets
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Paying debts and taxes
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Distributing remaining assets to heirs or beneficiaries
While some estates can bypass probate, many in California must go through the formal process—especially when the total value of the estate exceeds the small estate threshold and no trust was in place.
When Is Probate Required in California?
You will likely need to go through probate if:
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The decedent had a will but did not set up a trust (a will does not avoid probate in California—it just provides instructions to the court)
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The estate includes real estate not held in joint tenancy or a trust
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The estate’s total value exceeds the small estate threshold (currently $184,500 as of 2024)
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There is no will (intestate estate), and court appointment of a personal representative is needed
Assets held in a revocable living trust or passed by beneficiary designation (like life insurance or retirement accounts) usually avoid probate.
When Do You Need a Probate Lawyer in California: Common Situations
While it’s possible to complete basic probate steps without a lawyer, it depends on the complexity of the estate.
Executors can represent the estate for routine probate tasks—like filing petitions, gathering assets, and attending probate hearings—but not in separate lawsuits or contested matters. If legal disputes arise, a lawyer is required because non-lawyers cannot represent an estate in civil litigation.
Hiring a probate lawyer is especially recommended when:
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The estate is large or includes real estate
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There are disputes among heirs or beneficiaries
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The estate has significant debt or tax issues
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There is no will or the will is contested
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You are the executor and want to avoid personal liability
Executors have legal duties and can be held liable for mistakes. A probate attorney helps ensure proper filings, deadlines, and court compliance.
Why Legal Representation Matters: Estate of Sanchez (2023)
In Estate of Sanchez (2023) 95 Cal.App.5th 523, the California Court of Appeals held that a personal representative could not appear in propria person to prosecute causes of action on behalf of an estate when those actions involved third parties and were essentially for the benefit of the estate’s beneficiaries.
The court clarified that even though the fiduciary was appointed as executor and had broad authority under the IAEA, when the fiduciary is advocating for the estate’s beneficiaries (rather than only his or her own rights as executor), independent legal counsel is required — and appearing without counsel amounts to the unauthorized practice of law.
In other words: If you’re acting as executor and filing or defending civil-type claims on behalf of the estate or its beneficiaries, you must retain counsel. Attempting to represent an estate in such proceedings without a lawyer puts the case (and the fiduciary) at risk.
The court clarified that fiduciaries must hire separate legal counsel when representing the estate in court, unless they are formally acting as the estate’s attorney. This rule applies even to lawyers who are executors.
You can read the full case here on Google Scholar. See also Estate of Sanchez – California Lawyers Association
This decision reinforces the importance of hiring a probate lawyer when:
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You’re managing legal disputes or civil claims tied to the estate
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You’re unsure whether probate or litigation rules apply
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You’re handling complex procedural issues
Attempting to represent an estate in legal proceedings without a lawyer could result in dismissal or loss of rights.
What About “Small Estates”?
If the total value of the estate is less than $184,500 (as of 2024), you may be able to use simplified procedures without opening full probate. According to Probate Code § 13100, a successor can use a small estate affidavit to collect certain assets.
However, even small estates can run into issues such as:
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Unclear ownership of assets
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Missing or outdated documents
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Uncooperative heirs
A probate lawyer can help determine whether simplified procedures apply and guide you through the process efficiently.
Experienced Probate Attorneys
Probate in California typically takes 9–18 months. Delays can occur if forms are filed incorrectly, court deadlines are missed, or conflicts arise. A probate attorney can keep the process on track and help you avoid unnecessary stress.
If you’re dealing with the estate of a loved one—or have questions about whether you need a probate lawyer—the experienced attorneys at the Law Offices of David Knecht are here to help. We bring experience, compassion, and professionalism to every probate matter and can guide you through the process with confidence. Contact us today at (707) 451-4502 to schedule a consultation.
