Top 10 Questions to Ask Before Hiring a California Probate Attorney

When a loved one passes away, navigating the legal process of settling their estate can feel overwhelming, especially if the estate must go through California probate. One of the most important decisions you’ll make during this process is choosing the right California probate attorney to guide you.

To help you make an informed decision, here are the top 10 questions you should ask before hiring a probate lawyer in California.

1. Do You Specialize in California Probate Law?

Probate is a highly specialized area of law. You want an attorney who focuses specifically on California probate, not just general estate planning or civil litigation. Ask how much of their practice is dedicated to probate administration or California Probate Court proceedings.

2. How Many Probate Cases Have You Handled in California?

Experience matters. An attorney who has managed many probate estates in California will be better equipped to anticipate delays, resolve disputes, and keep the process moving smoothly.

3. Do You Handle Both Testate (With a Will) and Intestate (Without a Will) Cases?

Each type of probate has its own legal complexities. If the decedent died without a will, the California estate will be distributed according to intestate succession laws. Make sure the attorney is comfortable handling both scenarios.

4. What Is Your Fee Structure?

Ask whether the attorney charges:

• A flat fee

• An hourly rate

• A statutory fee (based on the value of the probate estate, as allowed by California law)

You should understand how much the services will cost and whether they come out of the estate or must be paid upfront.

5. Who Will Handle My Case Day-to-Day?

Some law firms delegate much of the work to junior associates or paralegals. It’s perfectly fine—if you know what to expect. Make sure you know who your main point of contact will be and how accessible they are.

6. What Can I Expect During the Probate Process?

A good California probate attorney should be able to walk you through the basic steps:

• Filing with the California Probate Court

• Notifying heirs and creditors

• Inventorying assets

• Handling taxes and debts

• Distributing the estate

Clarity up front helps manage your expectations and reduces surprises.

7. How Long Will the Probate Process Take?

While no one can predict exact timelines, experienced attorneys should give you a reasonable estimate. Most California probate cases take 9 to 18 months, but delays can occur. Ask what might slow things down and how they help avoid bottlenecks.

8. How Do You Handle Disputes Between Heirs or Beneficiaries?

Family conflict is common in probate, especially in blended families or when a will is contested. Ask how the attorney handles disputes and whether they have experience in probate litigation or mediation.

9. Will You Help With Non-Probate Assets as Well?

Many California estates include non-probate assets like:

• Life insurance

• Retirement accounts

• Jointly owned property

• Trust assets

A full-service probate attorney should help you coordinate the transfer of these assets, even if they’re not part of the formal probate estate.

10. Do You Offer a Free Initial Consultation?

Many attorneys offer a no-obligation initial meeting. Use this opportunity to:

• Ask these questions

• Discuss your specific situation

• Gauge whether you feel comfortable with their communication style

Choosing the right attorney is as much about fit as it is about legal knowledge.

Final Thoughts

Hiring the right California probate attorney can make the difference between a smooth process and a stressful one. Don’t be afraid to ask detailed questions—after all, you’re trusting someone to handle a loved one’s legacy and protect your interests in California Probate Court.

If you’re facing probate or just want to understand your options, these ten questions will help you find the right guide through the legal maze.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.