Probate Basics

What Does a Probate Attorney Do?

By Grant A. Toeppen

A probate attorney guides the person in charge of an estate through the entire court process — preparing the legal filings, meeting deadlines, and making sure the required notices are given correctly. In California, the attorney represents the personal representative (the executor or administrator), not each heir individually, and handles the court appearances so the family generally doesn't have to.

The role, step by step

A probate attorney's work tracks the life of the case:

Opening the estate. Preparing and filing the petition to start probate, arranging newspaper publication, mailing notices to heirs and beneficiaries, and getting the personal representative appointed at the first hearing.
Establishing authority. Securing the "Letters" that prove the representative's authority, and — where appropriate — obtaining full authority under the Independent Administration of Estates Act so the estate can act efficiently without repeated hearings.
Inventory and valuation. Coordinating with the court-appointed probate referee and preparing the Inventory and Appraisal.
Debts and taxes. Managing creditor notice and claims, advising on the claim period, and flagging tax filings that may be due.
Selling or transferring property. Handling real estate sales, notices of proposed action, and any court confirmations required.
Closing the estate. Preparing the final accounting and petition for distribution, obtaining the court's order, and seeing the assets distributed and the representative discharged.

What a probate attorney does not do

It helps to understand the boundaries. The attorney represents the personal representative and advises on the legal process; they do not act as a financial advisor or tax preparer, though they coordinate with those professionals. They also don't take sides among the heirs — in an uncontested estate, their job is to move the administration forward correctly and neutrally.

Why it matters who you choose

The hardest part of probate is rarely the law itself — it's running the process cleanly so the estate isn't delayed by a rejected filing, a missed notice, or an avoidable dispute. An experienced attorney anticipates the steps, keeps the deadlines, and resolves small issues before they become big ones.

A special note for distance and complexity

For families who live in another state — or another country — the attorney becomes the estate's local presence: filing in the right county, appearing at hearings, and coordinating documents that travel across distance and time zones. That's why an attorney who is comfortable representing remote and international clients can make the difference between a smooth case and a frustrating one.

Advance Planning, A Law Corporation focuses on uncontested California probate, with particular experience serving executors and heirs who live out of state and overseas. Request a consultation.

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Frequently Asked Questions

Do I need a probate attorney in California? You are not legally required to hire one, but California probate is procedure-heavy, and most personal representatives use an attorney to avoid costly delays. The attorney's ordinary fee is set by statute.

Who does the probate attorney represent? The attorney represents the personal representative (executor or administrator), not the individual heirs or beneficiaries.

How much does a probate attorney cost in California? The ordinary fee is set by statute as a percentage of the estate's value, paid from the estate. Extraordinary work, like selling real estate, can be billed separately with court approval.

Can a probate attorney handle everything remotely? Largely, yes. The attorney files locally and appears at hearings, while the representative signs documents from wherever they live, so out-of-state and overseas clients rarely need to travel.

What's the difference between an executor and a probate attorney? The executor is the person in charge of the estate; the probate attorney is the lawyer who advises and represents the executor through the court process.

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