Legal Question in Wills and Trusts in California

I am sorry for your loss. It is generally adviseable to have an attorney for the probate. There are a number of things that a knowledgable probate attorney takes care of that a non-probate attorney would never know about. Sometimes these little things can turn into major cost savings (or loss if not done). Additionally, when something is done wrong, in probate, there is usually a continuance. Some unfamiliar with the California probate laws can easily crate a large number of delays. Probate can take years if that happens! On the other hand, if done right, probate is 7 months start to finish! Thus, having a good probate attorney is important. You also should look for an attorney who is a certified specialist in estate planning, trust and probate law by the California Bar state board of legal specialization (as I am). Another mark of a good attorney is if they are rated "AV" by lawyers.com (Martindale Hubbell) which is a long time bar that attorneys seek to achieve (as I have). Your attorney can be anywhere in California as all Courts allow for Court Call "appearances." Call me Monday morning to discuss your case! -John

Most estates do not need an attorney. Before you incur that expense I suggest you pick up a copy of "How to Probate an Estate in California" by Nolo Press. You can order it at Nolo.com or from places like Amazon. Take a look through the book and see if you feel like this is a probate you can do yourself. If not, give John or another qualified estate attorney a call.

Your best bet is to call the County Bar Referral service in the county where your mother died, and ask for a referral to a probate attorney who handles estate administration.

I am sorry for the loss of your mother. Handling the estate of a close loved one can be especially difficult. Your obligations are basically to "marshal the assets of the estate", i.e., make an inventory and collect the assets and distribute them according to your mother's will. You will also need to locate all heirs and give them proper notice.

The biggest initial determination will be whether a probate is required. This is court oversight and approval of all actions taken by you as executor. Whether probate is required will depend on the amount and type of assets owned by your mother upon her death. Real estate will very frequently require a probate.

You should at least consult with an attorney in the area where your mother resided upon her death to discuss your options.

I would be happy to discuss this with you.

J. Caleb Donner

email: [email protected]