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By: Scott Grossman on August 5th, 2016

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

Do you really need to hire 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 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 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:

 

Scott Grossman is certified by the State Bar of California Board of Legal Specialization as a specialist in Estate Planning, Trust, and Probate Law. He represents clients in cases throughout California.