If you are settling either a probate estate or administering a living trust in California, you may want to hire an attorney to advise you during the process. Even in an estate that's simple and in which everyone gets along, it is still, for most people, an unfamiliar process. Having an experienced professional to help steer you right is worth it, often.
For one thing, it's helpful to work with someone who has done it before. There's nothing like having the benefit of hindsight at the beginning -- knowing before you start what's likely to go wrong along the way can prevent you from making simple, and common mistakes, such as not keeping good enough records, not gathering and identifying estate assets properly, or not communicating appropriately with beneficiaries and heirs.
For another, if you are the nominated executor or Trustee, you can incur personal liability if you fail to pay debts or taxes, or if a beneficiary feels that you've acted unethically or unfairly, so it is a good idea to hire an attorney to represent you and inform you of your duties and liabilities along the way.
Lastly, if you do end up opening a probate, or being sued by a beneficiary or heir, you'll appreciate a professional to represent you, file documents, and generally have your back.
Most trust and estates attorneys will charge for their time by the hour. In some states, probate fees are a percentage of the value of the estate being probated, in others, lawyers charge an hourly fee. Make sure that you understand how you will be charged and when you are expected to pay. If you are asked to pay a retainer up front, make sure you understand what that retainer covers and when/if you'll be expected to pay more.
What Probate Lawyers Do
If you need to open a probate proceeding in California, you either need to represent yourself or hire an attorney. An experienced probate attorney can help you with the following parts of the process:
1) Reading the Will and explaining what it means.
2) Filing the required court forms to begin the process and have an executor appointed.
3) Getting a tax identification number for the estate.
4) Notifying the estate's creditors.
5) Identifying and valuing the estate's assets.
6) Preparing an inventory that will be filed with the court.
7) Filing a Petition for Final Distribution when the probate is to close.
8) Drafing a Court Order distributing the estate's assets to the heirs.
What Trust Administration Lawyers Do
If you are the Trustee of a living trust, you are probably not going to have a file anything in court. But, even so, an experienced trust administration attorney can help you with the following things:
1) Telling you what the trust says.
2) Preparing and sending out required notices to beneficiaries and heirs.
3) Assisting you in identifying, safeguarding, and collecting the trust's assets.
4) Getting a tax ID number for the trust.
5) Helping you establish a good record-keeping system.
6) Helping you properly value the trust's assets.
7) Advising you how how to communicate with the trust's beneficiaries.
8) Assisting you in the distribution of the trust.
What Makes an Attorney a Good Fit for You?
Like any other professional that you might hire, finding a good lawyer is part networking, part commonsense, and, sometimes, part luck.
A good place to start is to ask friends, family, and people you know from work, or church (or mosque) if they can recommend someone who they've worked with in the past. You are looking for someone with at least 5-10 years of experience doing probate or trust administration work.
Probate and trust work is highly specialized, so don't hire a generalist, or a corporate lawyer who is interested in gaining experience (on your dime). Look for someone who just does work on trusts and estates. Ask them how many years they've specialized in trusts and estates law and how many cases they've filed in probate court, or how many trusts they have helped administer.
Probate and trust work is also highly regional -- an experienced attorney who knows the probate court in your area will be able to work more effectively with the judges and lawyers in that courthouse. Also, a local probate or trust attorney will know that court's local rules, and that can save you time and money as your case goes through probate. Local rules can be a real headache for out of town lawyers, who don't know exactly how a particular judge expects papers to be filed or arguments to be presented.
Finally, trust your gut. Settling an estate can take 6 months to a year. Find someone that you trust and that you feel that you can work with easily. Do they answer your questions? Do they answer your phone calls? Are they careful? Do they have the social skills needed to appease annoyed, or angry, beneficiaries? Can they explain the relevant law in a way that doesn't make you feel stupid? Do you understand how you are being charged and what you are paying for? All of these things matter. There are lots of lawyers out there. Don't settle for someone who is careless, arrogant, condescending, or too busy to give you the attention that you deserve.
If you're going to pay for a probate or trust administration lawyer, make sure you get a good one. Just because someone is a lawyer does not mean they are knowledgeable about probate law. Do your homework before you hire someone.