Do You Need a Probate Attorney? When to Hire Help for California Estates

SHORT ANSWER: Yes, you almost certainly need a probate attorney for California estates. While you can technically represent yourself, California probate is complex, has strict deadlines, and mistakes can result in personal liability for executors. The statutory fee structure means you pay the same whether you hire an experienced attorney or struggle through it yourself.

Someone you love has died. You've been named executor, or you're trying to help settle their affairs. Now you're wondering: Do I really need to hire a probate attorney?

I'm Rozsa Gyene, a California probate attorney with over 25 years of experience. Let me give you an honest answer based on what I've seen happen to families who try to navigate probate without professional help — and when hiring an attorney is truly essential.

When You DEFINITELY Need a Probate Attorney

Certain situations absolutely require professional legal help. If any of these apply to you, don't try to handle probate yourself:

The Estate Includes Real Property

If the deceased owned a home, condo, rental property, or land in California, probate becomes significantly more complex. Real estate requires:

• Court-approved sales
• Title issues
• Potential property tax complications
• Coordination with buyers and title companies

One mistake can cost tens of thousands of dollars.

There's No Will (Intestate)

When someone dies without a will, California's intestate succession laws determine who inherits. But identifying and locating all legal heirs, filing the correct petitions, and navigating family dynamics requires legal expertise. I've seen intestate cases turn into multi-year nightmares when handled without an attorney.

Family Members Disagree

If there's any conflict among family members — about who should be executor, how assets should be distributed, or whether the will is valid — you need an attorney immediately. These disputes can escalate into expensive litigation if not handled properly from the start.

There Are Creditor Issues

If the deceased had significant debts, unpaid taxes, or potential lawsuits, navigating creditor claims requires legal knowledge. Pay the wrong creditor first, and you could be personally liable. Reject a valid claim incorrectly, and you'll face litigation.

The Estate Is Being Contested

If anyone is challenging the will, contesting your appointment as executor, or claiming the deceased lacked capacity, you need litigation experience. These cases require court appearances, legal arguments, and evidence presentation that only an attorney can properly handle.

You're an Out-of-State Executor

If you don't live in California, managing probate at Stanley Mosk Courthouse in downtown Los Angeles becomes logistically impossible without local representation. Court appearances are required, and you can't manage everything remotely without an attorney.

The Estate Is Complex

Complex estates require professional help. This includes:

• Business interests or partnerships
• Multiple properties in different states
• Tax issues (estate tax, capital gains)
• Trusts that need to be coordinated with probate
• Intellectual property rights
• Contested beneficiary designations

You Feel Overwhelmed

This is a legitimate reason. If you're already grieving and the thought of navigating the legal system fills you with anxiety, that's a sign you need help. Your emotional wellbeing matters, and there's no shame in getting professional assistance.

What Happens When People Try Probate Without an Attorney

I've seen families try to save money by handling probate themselves. Here's what typically happens:

Rejected Filings

California probate forms are complex, and Los Angeles County has specific local requirements. Petitions get rejected for:

• Missing information
• Incorrect formatting
• Procedural errors
• Failure to meet local court rules

Each rejection means weeks of delay.

Missed Deadlines

Probate has strict deadlines:

• 30 days to lodge the will with the court
• 15 days for hearing notices to interested parties
• 120 days for filing inventory and appraisal
• 4 months for creditor claims period
• 60 days for filing accounting after final distribution

Miss a deadline, and you face court sanctions or have to start over.

Personal Liability

This is the big one. Executors have a fiduciary duty to the estate and beneficiaries. If you:

• Distribute assets to the wrong person
• Pay invalid creditor claims
• Make accounting errors
• Fail to pay valid debts
• Sell estate assets for less than fair market value

...you can be held personally responsible. I've seen executors sued for five and six figures for honest mistakes made without legal guidance.

Extended Timeline

What should take 12-18 months can stretch to 2-3 years when handled by someone unfamiliar with the system. Beneficiaries wait longer for their inheritance, and the estate incurs additional costs for ongoing expenses like property insurance, utilities, and maintenance.

Unnecessary Expenses

Without proper guidance, executors often:

• Pay creditor claims they could have negotiated or rejected
• Hire multiple appraisers when one probate referee is required
• Miss tax deductions and credits
• Fail to minimize estate expenses
• Make mistakes that require additional court filings and fees

Family Conflict

When an executor doesn't communicate properly or follow correct procedures, beneficiaries become suspicious. What starts as confusion can escalate into litigation. Having an attorney helps maintain proper documentation and communication, preventing many disputes before they start.

The Truth About Probate Attorney Fees

Here's something most people don't realize: California sets statutory probate fees by law. Whether you hire an experienced attorney or struggle through it yourself, the fee is the same.

California Statutory Fee Schedule

The fee is calculated on the estate's gross value:

• 4% of the first $100,000
• 3% of the next $100,000 ($100,001 - $200,000)
• 2% of the next $800,000 ($200,001 - $1,000,000)
• 1% of the next $9,000,000 ($1,000,001 - $10,000,000)
• 0.5% of the next $15,000,000 ($10,000,001 - $25,000,000)

Real-World Examples

$500,000 Estate:

• 4% of $100,000 = $4,000
• 3% of $100,000 = $3,000
• 2% of $300,000 = $6,000
• Total statutory fee: $13,000

$1,000,000 Estate:

• 4% of $100,000 = $4,000
• 3% of $100,000 = $3,000
• 2% of $800,000 = $16,000
• Total statutory fee: $23,000

The Critical Point

The statutory fee for a $1 million estate is $23,000. You can:

Option A: Hire an experienced attorney who:

• Knows the system
• Handles all the paperwork
• Appears at all hearings
• Guides you through every step
• Protects you from liability
• Cost: $23,000

Option B: Struggle through it yourself:

• Make mistakes
• Extend the timeline
• Risk personal liability
• Spend hundreds of hours figuring things out
• Cost: Still $23,000 (the fee doesn't disappear)

The fee is coming out of the estate either way. The question is whether you get professional help for that money.

When Might You Not Need an Attorney?

There are limited situations where you might be able to handle probate without an attorney:

Very Small Estates

If the estate qualifies for California's small estate procedures (under $208,850 for personal property as of April 2025, or primary residence under $750,000), you may be able to use simplified affidavit procedures without full probate.

Simple Estate with Legal Background

If you have legal training, the estate is straightforward (no real property, no disputes, no complex assets), and you're comfortable navigating court procedures, you might be able to represent yourself.

Spousal Property Petition

A surviving spouse can sometimes use a simplified Spousal Property Petition to transfer assets without full probate, which is simpler than formal probate administration.

But even in these cases, many people choose to hire an attorney for peace of mind and to ensure everything is done correctly.

How I Help Families Through California Probate

When you hire me as your probate attorney, here's what you get:

1. Complete Legal Representation

I handle all filings, all court appearances, all deadlines. You don't have to figure out the legal system or spend hours researching California probate law.

2. 25+ Years of Experience

I've handled hundreds of California probate cases at Stanley Mosk Courthouse and throughout Los Angeles County. I know what works and what causes problems.

3. Protection from Liability

I guide executors through every decision, ensuring they fulfill their fiduciary duties properly and avoid personal liability.

4. Efficient Process

I know how to move cases through the system without unnecessary delays. I'm familiar with the judges, the court staff, and the local procedures.

5. Regular Communication

You'll always know what's happening with your case. I'm available by phone and email to answer questions throughout the process.

6. Problem Solving

When issues arise (and they often do), I know how to resolve them quickly. Whether it's a creditor dispute, title problem, or family disagreement, I've seen it before and know how to handle it.

7. Free Initial Consultation

I'll review your situation and explain your options before you commit to anything. No obligation, no pressure.

Red Flags That You Absolutely Need Legal Help

If you see any of these warning signs, stop what you're doing and call an attorney:

• A beneficiary has hired their own attorney
• Someone has threatened to contest the will
• You don't understand the probate forms
• You've received a notice from the court you don't understand
• There are creditors demanding immediate payment
• The estate has debt exceeding its assets
• Real property needs to be sold
• There are tax issues (IRS notices, unfiled returns)
• You're feeling overwhelmed and stressed
• Family members are pressuring you to distribute assets immediately
• You're not sure if you're doing things correctly

Frequently Asked Questions

How much does a probate attorney cost in California?

California sets statutory fees by law based on estate value. For a $500,000 estate, the statutory attorney fee is $13,000. For a $1 million estate, it's $23,000. These fees are paid from the estate, not from your personal funds.

Can I do California probate without an attorney?

Legally, yes. You have the right to represent yourself ("in pro per"). Practically, it's very difficult. California probate involves complex forms, strict deadlines, and court procedures that most people find overwhelming. Given that the statutory fee is the same whether you hire an attorney or not, most people conclude it makes sense to get professional help.

How long does California probate take?

Typical California probate takes 12-18 months from filing to final distribution. Complex estates or cases with disputes can take 2-3 years or longer. Having an experienced attorney can help avoid delays caused by filing errors or missed deadlines.

What if I was named executor but don't want to serve?

You can decline to serve as executor. You're not required to accept the position. The court will appoint an alternate named in the will, or a family member can petition to be appointed administrator. I can help you navigate this process if you're unsure what to do.

What if I've already started probate without an attorney?

You can hire an attorney at any point during the probate process. I've taken over many cases that were already in progress. If you're feeling stuck or overwhelmed, it's not too late to get help.

Do I need an attorney if the deceased had a living trust?

If the deceased had a properly funded living trust, you typically don't need to go through probate at all. However, you may still want legal guidance for trust administration. I help successor trustees navigate the trust administration process as well.

What if I can't afford a probate attorney?

The statutory attorney fee is paid from the estate's assets, not from your personal funds. If the estate has assets (home, bank accounts, investments), those assets pay the attorney fee. You typically don't pay anything out of pocket.

Can you help if probate has already been filed?

Yes, absolutely. I can take over cases that are already in progress. Whether you've been trying to handle it yourself or are having issues with your current attorney, I can step in and get things back on track.

The Cost of NOT Hiring an Attorney

While people often focus on attorney fees, they rarely consider the cost of not having professional help:

• Personal liability: One mistake can cost you tens of thousands in personal liability
• Extended timeline: Additional months or years of estate expenses
• Lost opportunities: Missing tax deductions, failing to negotiate debts
• Family conflict: Disputes that escalate into expensive litigation
• Emotional toll: Stress, anxiety, and time spent away from your family and job
• Opportunity cost: Hundreds of hours you could spend elsewhere

When you factor in these costs, professional legal help often saves money in the long run.

Ready to Talk? Free Consultation Available

If you're facing California probate and wondering whether you need professional help, let's talk. I offer free initial consultations where I'll:

• Listen to your specific situation
• Review any documents you have
• Explain your options clearly
• Give you honest advice about whether you need an attorney
• Answer all your questions

No pressure, no obligation. Just straightforward guidance from someone who's been doing this for 25+ years.

Contact Information

Rozsa Gyene, Esq. California State Bar No. 208356 California Probate Attorney

Phone: (818) 291-6217

Office: 450 N Brand Blvd, Suite 600, Glendale, CA 91203

Serving: Glendale, Burbank, Pasadena, Los Angeles, and all Los Angeles County

Free Consultation: Schedule online or call (818) 291-6217

Hours: Monday-Friday, 9:00 AM - 5:00 PM

Don't Navigate This Alone

You've just lost someone you love. You're grieving, overwhelmed, and now facing a complex legal process that can take over a year to complete.

You don't have to do this alone.

With 25+ years of experience, I've guided hundreds of families through California probate. I know what you're going through, and I know how to help.

Call (818) 291-6217 for your free consultation.

Let me take the legal burden off your shoulders so you can focus on what matters most — your family.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California probate attorney with over 25 years of experience serving families throughout Los Angeles County. With extensive knowledge of California probate law and local court procedures, Rozsa provides compassionate, professional guidance to executors and families navigating the probate process.

Office Location: 450 N Brand Blvd, Suite 600, Glendale, CA 91203

Phone: (818) 291-6217

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Disclaimer: This article provides general information about California probate and legal services. It should not be construed as legal advice. Every case is different, and you should consult with a qualified California probate attorney about your specific situation. Attorney advertising.