Do You Really Need To Hire a Probate Lawyer in California?

Do you really need a probate lawyer? There are two possibilities:
1. There is no need to probate. In this case, the estate is small (less than $100,000 subject to adjustments) or escapes the probate process through one or more of the following methods:

• Living Trust
• Joint Tenancy
• Spousal Property Petition

2. There is a need to probate. The process is then handled by the probate court.
We asked the question in a recent blog post: should a fiduciary have an attorney in probate court? Well, it is hard to imagine any other circumstance where an individual would go to court without the support of a legal representative. The court itself strongly recommends legal counsel in order to:

• Expedite the probate process
• Prevent costly errors
• Protect the fiduciary against lawsuits

To clarify the above, a fiduciary is an executor, administrator, trustee, guardian, conservator, attorney-in-fact, or other person who must manage property or exercise rights or powers for the benefit of others which gives rise to a relationship of trust and confidence.

Of course, not all lawyers are probate lawyers, and not all probate lawyers are good or want to spend adequate time on your case. Hiring a good California probate attorney is critical to a successful probate.

Talk to San Diego probate attorney Scott Grossman about your situation, your goals, and any questions you might have. Call us at (951) 683-3704 or (866) 840-0000 for your FREE 30 minute telephone consultation.

If you want to be well informed about California probate and trust administration, order our FREE books and DVDs:

• The Insider's Guide to California Probate and Trust Administration
• Probate a Will or Administer a Trust After the Death of a Loved One

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