Clear answers from an experienced California probate attorney. If your question isn’t here, reach out — I’m happy to help.
Probate is the legal process of administering a deceased person’s estate through the court. In California, probate is generally required when the deceased owned assets valued over $184,500 that were not held in a trust, joint tenancy, or with a named beneficiary.
The process involves validating the will (if one exists), inventorying assets, paying outstanding debts and taxes, and distributing remaining assets to the rightful heirs or beneficiaries.
A straightforward probate case typically takes between 9 to 18 months. Complex cases involving disputes, contested wills, extensive assets, real property in multiple counties, or business interests can take 2 to 3 years or longer.
Factors that affect the timeline include court scheduling, creditor claim periods (which require a minimum 4-month waiting period), and whether any parties contest the proceedings. I keep you informed at every stage so you always know where things stand.
California law sets statutory fees for probate attorneys and executors based on the gross value of the estate:
Additional “extraordinary fees” may be approved by the court for complex matters. I provide transparent fee estimates upfront so you understand the costs before we begin.
A will directs how your assets should be distributed after death, but it must go through probate court. A trust holds assets for the benefit of beneficiaries — and properly funded trusts generally avoid probate entirely.
Trusts also provide privacy (probate is public), can reduce estate taxes, and allow for more detailed control over how and when assets are distributed.
A probate attorney guides executors, administrators, trustees, and beneficiaries through the legal process of managing and distributing a deceased person’s estate. This includes filing court documents, handling creditor claims, resolving disputes between heirs, managing real property transactions, preparing accountings, and ensuring compliance with California probate law.
Yes. You can contest a will or trust if you have legal standing (typically as an heir, beneficiary, or creditor) and valid grounds. Common grounds include:
Will contests must generally be filed within 120 days of being notified of the will’s admission to probate. Trust contests have specific deadlines as well, typically 120 days from receiving notice under Probate Code Section 16061.7.
Undue influence occurs when someone uses their relationship with a vulnerable person to pressure or manipulate them into changing their estate planning documents. The court looks at factors such as the victim’s vulnerability, the influencer’s authority, actions taken (isolation, control of necessities), and whether the outcome was inequitable.
While a properly funded trust can avoid probate court, trust administration still involves legal obligations. The successor trustee must notify beneficiaries, manage assets prudently, file tax returns, provide accountings, and distribute assets according to the trust terms. An attorney helps ensure compliance and can represent either trustees or beneficiaries if disputes arise.
Under California Welfare and Institutions Code Section 15610.30, financial elder abuse occurs when someone takes, hides, appropriates, or retains an elder’s (age 65+) property for wrongful use or with intent to defraud.
California law provides enhanced remedies including attorney’s fees recovery, double damages in some cases, and injunctive relief to protect the elder’s assets.
A conservatorship is a court-supervised arrangement where a responsible person is appointed to manage the personal care and/or finances of an adult who cannot do so themselves. They are typically pursued when less restrictive alternatives (such as a power of attorney) are not available or have been abused.
At a large firm, your case is often delegated to junior associates and paralegals — the senior attorney you met at the consultation may never work on your file. You get passed between staff members who don’t know your situation.
At Lamash Legacy Law, I personally handle every aspect of your case. You have direct access to your attorney at all times. You’re never a case number, and your calls are never screened by someone who can’t answer your questions.
I’m based in Malibu and serve clients throughout the California coast and beyond. My primary service area includes Malibu, Point Dume, Pacific Palisades, Santa Monica, Brentwood, Beverly Hills, Calabasas, Hidden Hills, Agoura Hills, Westlake Village, Thousand Oaks, Oxnard, Ventura, Camarillo, Moorpark, Simi Valley, Ojai, Santa Barbara, Montecito, Carpinteria, Goleta, and surrounding communities.
Probate and trust matters are filed in the county where the decedent resided, and I regularly handle cases across Los Angeles County, Ventura County, and Santa Barbara County.
Bring any relevant documents you have: the will, trust document, death certificate, correspondence from other attorneys or the court, financial statements, property deeds, and any other paperwork related to the estate.
If you don’t have these documents, that’s okay — we can discuss your situation and determine what we need. The most important thing is to come prepared to describe your situation and your concerns.
Reach out directly. I’m happy to help.