Do I Need A Probate Lawyer to Administer an Estate?

When someone passes away, their estate often needs to go through a process called probate — the legal procedure that ensures their property is collected, debts are paid, and assets are distributed to the right people. If you’ve never dealt with probate before, it can feel overwhelming. That’s where a probate administrator comes in. The administrator manages every part of the estate process from start to finish. Whether or not you need one depends on the size of the estate, whether a will exists, and how property is titled.

As an executor of an estate in California, you don’t have to navigate probate alone — and you shouldn’t. Choosing the right probate attorney can protect you from legal risks, prevent costly mistakes, and keep family relationships intact.

Free, No-obligation Probate Consultation

We offer a free, no-obligation probate consultation to review your situation, explain your responsibilities, and outline the best path forward. You’ll know exactly what to expect, how to protect yourself, and how to ensure a smooth, lawful probate process. And YES! This consultation is free.

Don’t wait until there’s a problem. The sooner you get legal guidance, the more control you’ll have over the outcome.

Call the Law Offices of Darrell C. Harriman at (818) 892-7093, or contact our California probate attorney online today to schedule a NO-COST probate review!

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Take the first step — let Darrell guide you through probate and WHY!

What does a probate administrator actually do?

A probate administrator acts as the estate’s legal manager. Their duties include:

• Collecting and protecting all assets of the deceased
• Identifying and paying valid debts and taxes
• Notifying heirs and creditors
• Managing or selling property if necessary
• Distributing remaining assets according to the will or California law

It’s a serious responsibility. The administrator must report to the court regularly, keep careful records, and make sure every step complies with state law.

Can I handle probate myself without a lawyer?

California law allows individuals to represent themselves, but probate is a technical process with strict filing requirements and deadlines. A single mistake — such as missing a notice, miscalculating an accounting, or failing to get property appraised — can delay the process for months or even years. For that reason, many families hire a probate administration attorney to make sure things are done correctly the first time. The attorney can prepare all filings, guide you through your duties, and help avoid family disputes or court complications.

What happens if there is no will?

When someone dies intestate — without a will — the court must appoint an administrator to handle the estate. The administrator follows California’s intestate succession laws, which determine who inherits based on family relationships. For example, if the deceased was married, the spouse usually receives a portion of the estate along with children or other close relatives. Without a will, there’s no personal direction, so the administrator must follow strict legal formulas for distribution. However, if you need help executing a will, let me guide you.

How much does a probate administrator cost?

Probate administrator and attorney fees are set by California’s Probate Code and are paid from the estate — not out of pocket by family members. The fee is usually a percentage of the estate’s total value, with additional fees for complex work or litigation. A lawyer can help you understand what costs to expect upfront and make sure the administrator’s compensation is fair and transparent.

What if family members disagree about who should be the administrator?

Disputes can arise when multiple relatives want to serve or when heirs question someone’s honesty or competence. In those cases, the court decides who is best qualified. Having a neutral probate attorney involved helps calm tensions, ensure transparency, and reduce the risk of drawn-out family conflicts.

Can an administrator be removed or replaced?

Yes. If an administrator fails to perform their duties — such as not filing reports, delaying distributions, or mismanaging estate funds — the court can remove and replace them. Beneficiaries or other interested parties can petition for removal. This is another reason why having legal guidance is important. A probate attorney helps administrators stay compliant and avoid mistakes that could lead to removal.

When should I hire a probate administration attorney?

You should speak with a probate attorney as soon as you learn you may be responsible for handling an estate. Early legal advice can help you:

• Understand your responsibilities
• Protect estate assets from loss or misuse
• Avoid missed deadlines or paperwork errors
• Handle creditor claims properly
• Navigate disputes among heirs

Even if you’re not sure whether probate is required, a quick free consultation can clarify the process and your options.

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