Legal Question in Wills and Trusts in California

You have to file in the state (and county) where the decedent lived. You are not required to hire a lawyer, but if you don't you are likely to hit a few roadblocks along the way. If it is a simple probate with no sale of real property, minor beneficiaries, disputed creditor's claims, complicated tax issues, potential disputes about the disposition of the estate (etc, etc), you can try to do it yourself. If the probate is to be filed in California, I recommend that you purchase the Nolo Press book, How to Probate an Estate.

With a few exceptions, and yours is not one of them, there is no requirement that you hire a lawyer in order to access the legal system. You can file the probate on your own and there are a variety of books and self help websites that might assist you. However, if it is a complicated estate or if you anticipate problems from beneficiaries or the like, you would be well advised to hire an attorney who is familiar with the probate process. Keep in mind that in California, at least, the basic attorney's fees are set by statute.

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