There is no requirement in California law that you need to retain an attorney to handle a probate. Why pay an attorney when you can “do-it-yourself”?

Answering that question involves several factors. For one, the probate process in California requires the timely filing of numerous documents which must be exact. The inadvertent mistake of simply forgetting to check a box can delay hearings for six to eight weeks at a time. In addition, you cannot request assistance from any of the employees or clerks of the Court since they are prohibited by law from offering legal advice. You can rely on the “how-to” books, but every Courthouse in every County has different procedures and local rules which also must be adhered to.

The probate process is complicated and involves intricate relationships that attorneys have nurtured over time with professionals in different fields. Do you know who to call for your publication? Do you know what type of publication you need? Do you know how to get a bond issued within a few hours? Where should you look for assets? Do you know a real estate agent who is familiar with probate sales and the requisite forms? What are the tax filing requirements? Are you supposed to pay the property taxes? These are just a few of the issues which require knowledge, expertise and a resourceful network. Again, any delay in getting prompt response on these issues can set the process back up to two months at a time, not to mention possible penalties for failing to timely carrying out certain duties.

What if you already have a job that requires your time and attention? Being an Executor or Administrator can already seem like a part-time job with proper counsel. If you do not have the assistance of a qualified and experienced probate attorney, then administering an estate can feel like a full-time (and often thankless) position.

Unfortunately, the process of probate can also bring out the worst in people. All too often, there is someone who will feel that you are not doing a good enough job in getting the estate handled. Beneficiaries often become impatient to inherit money that was never really theirs in the first place. Handling the dynamics of family disharmony in trying times can be difficult.

Perhaps the most prominent reason to hire an experienced attorney with an extensive background in probate is for piece of mind. You have most likely just lost a family member and having to deal with the burden of probate along with your loss can be overwhelming. The fees paid to a reputable attorney for assisting you in the administration of the estate are well worth your time and sanity.