When a loved one passes away, families are often left with more questions than answers. If you’ve been told an estate must go through probate, you may be wondering what that actually means, what happens next, and what your responsibilities are—especially if you’ve been named executor.
That’s exactly what we’ll cover here: what probate involves, what executors are responsible for, and where a probate attorney fits into the process.
Why Probate Can Be Overwhelming
Probate is a court-supervised process used to settle a person’s estate. It involves:
- Identifying assets
- Addressing debts and taxes
- Distributing property according to a will or California law
While this structure exists to provide oversight and protect everyone involved, it can feel unfamiliar and demanding—especially for families navigating family probate court for the first time.
There are forms to file, notices to send, deadlines to meet, and legal standards to follow. At the same time, families are often balancing these responsibilities while grieving. Even relatively straightforward estates can feel complicated when the process is new.
Common Issues That Can Arise During Probate
Many probate delays and disputes stem from misunderstandings rather than bad intentions. Executors are often surprised by how technical some requirements can be.
Common issues include:
- Missing court deadlines or required notices
- Filing incorrect or incomplete paperwork
- Misunderstanding how estate assets should be valued
- Overlooking tax or creditor obligations
These missteps can slow the process, increase costs, or create tension among beneficiaries. A probate attorney helps identify these risks early, protect family assets, and keep the estate on track.
How a Probate Attorney Supports Executors and Families
Without an attorney, executors are often left to interpret court rules on their own, respond to creditor claims without guidance, and manage deadlines they may not fully understand. A probate attorney helps bring clarity to these responsibilities. Here’s how.
- Keeping paperwork and deadlines on track: Making sure forms are filled out correctly, filed on time, and handled in the right order so probate doesn’t stall or need to be redone.
- Helping sort through bills and creditor claims: Explaining which claims need to be paid, which may be questioned, and how to handle outstanding expenses without guessing.
- Making sure assets are properly accounted for: Helping identify estate property and document assets like real estate or financial accounts so nothing important is missed.
- Supporting executors in their role: Helping executors understand what’s expected of them, how to keep records, and how to make decisions with confidence.
- Answering questions as they come up: Providing clear guidance when beneficiaries, creditors, or the court have questions, so communication stays productive and issues don’t escalate.
- Providing litigation support: Stepping in with guidance or representation if disagreements or disputes arise during the probate process.
When Is the Right Time to Involve a Probate Attorney?
Many families wait to contact a probate attorney until something goes wrong. In practice, involving an attorney earlier often helps prevent issues before they arise.
Early guidance can be especially helpful when an estate includes real estate, multiple beneficiaries, or assets that require careful documentation or valuation. It can also be useful when an executor is unfamiliar with probate or unsure how to get started.
Having legal guidance from the outset can help keep the process organized, reduce uncertainty, and allow probate to move forward with fewer interruptions.
We Take the Uncertainty Out of Probate
If you’re facing probate or stepping into the role of executor, it’s natural to have questions. This is exactly what the probate team at Brierton, Jones & Jones, LLP is here for. We help families understand the process and avoid unnecessary complications. If you have questions or need to discuss your situation, contact us today!