Seven Common Probate Administration Mistakes in California and How to Avoid Them

Jul 20, 2025 | Estate Planning

Losing a loved one is an emotionally devastating event. It’s easy for a grief-stricken person to make mistakes while administering an estate. Common probate administration mistakes in California can vary in scale, from minor errors to major mistakes that stretch the case out for years.

Experienced Probate Administration Lawyers

For decades, Barry Law Group has been helping the Southern California community avoid mistakes when it comes to probate administration. Steven Barry and his two sons, Jonathan and Jared, have been working as a team together since 2016. They have achieved Super Lawyer status for five years and can help prevent you from making common probate mistakes.

With their decades of experience, the team at Barry Law Group can provide the legal guidance you deserve, including matters involving trust and probate, trust administration, and trust litigation.

Seven Common Probate Administration Mistakes

Probate is the legal proceeding through which someone’s estate is distributed after their passing. It may or may not include a will. Probate is a complex legal process that can be a challenge for most Greater Los Angeles residents. The following are the seven most common mistakes made during probate and how you can prevent them:

1 – Failure to File Probate in Time

In the state of California, you must start the probate process within thirty days of the date of death. If not, you may have your executor status revoked, or creditors may cause issues.

Make sure you begin the probate process promptly. You may hesitate to delve into legal logistics soon after a death, but quick action within the thirty-day period can help the whole process go more smoothly.

2 – Failing to Properly Notify All Heirs

After you have been assigned as personal representative for an estate, there are many people you must notify of the decedent’s death. In California, probate administration laws define how the heirs and beneficiaries are notified, down to the font size. When the notification process is mishandled, it can lead to outrage on behalf of heirs.

A good strategy to avoid this mistake is to familiarize yourself with both the probate code and the will, if there is one, to identify all the parties you are obligated to notify.

3 – Messy Record Keeping

During the probate process, there are many different documents, forms, and other pieces of paperwork that must be kept organized. Untidy record keeping can lead to confusion amongst interested parties, as well as potential discrepancies that can lead to serious legal trouble.

Keep all probate-related documents separate from personal documents, with a separate bank account for estate funds and a clear listing of all relevant information.

4 – Early Distribution of Assets

When acting as executor, you might be tempted to start distributing assets to beneficiaries as early and quickly as possible. However, if property is given to beneficiaries before proper taxation and debt collection, it can be seen as fraud.

Make sure to consult legal counsel and to check in about the timeline before starting the distribution process.

5 – Mismanagement of Debts

Another common error that executors make when managing a probate is the inadequate payment of debtors. It may seem less pressing to pay your deceased loved one’s bills, but if not dealt with foremost, it can lead to continued litigious problems.

Make sure to pay all the decedent’s debts before moving on to any other issue at hand.

6 – Ignoring Familial Disputes

Most California probate administration cases will include some familial disagreements. Some may see these as nothing more than petty arguments between loved ones during a time of heightened emotions. However, if these issues are not resolved early on, matters may escalate into estate litigation and draw out the process for years.

Keeping a clear dialogue between friends and family, with neutral parties mediating, can help ease any issues before they escalate to legal battles.

7 – Forgetting to Hire a Probate Administration Lawyer

An easy way to prevent many of the previous six mistakes is to hire a probate administration lawyer. You may think the estate is simple or that the cost is not worth it, but experienced legal advice can make a drastic difference in outcomes. A simple mistake by you can be easily caught by a trained eye.

Probate can be a challenge. This is merely a sample of problems that can arise.

FAQs

How Do You Contest a Probate Administrator?

If you feel that the probate administrator is unfit for their role, you’ll want to know how to contest and remove them from the position. There are a few different steps you can take. You can file an objection with the probate court before they appoint the executor. If the person is already chosen as the personal representative, you may file a petition for removal.

Which Assets Don’t Go Through Probate?

Which assets do not go through probate can seem unclear. There are a few items that avoid the probate process. These include:

• Jointly owned property: If the deceased was married and shared bank accounts and ownership of items, probate may not be necessary.
• Trusts: Trusts do not go through the standard probate process.
• Small estates: If the total value of the deceased’s estate was under the threshold, formal probate may be unnecessary.

What Can Cause a Delay in Probate?

Unfortunately, there are many potential elements that may slow probate. Incorrect court filings, disputes among interested parties, or simply overworked courts can all contribute to a slower process. There is no certain way to determine the timeline of your probate case. However, getting legal help early on in the process can help you avoid delays.

Is a Probate Administration Lawyer Required in California?

You are not required to have a probate administration lawyer in the state of California. However, having legal assistance when going through the process can make a drastic difference in the outcome. A probate administration attorney may save you the trouble of mistakes, delays, and disputes.

Contact Us Today

At Barry Law Group, we have the experience and knowledge to help you avoid any preventable mistakes. Contact us today so we can learn your story, or visit our Encino offices—located on Ventura Boulevard, a mile down the road from Providence Cedars-Sinai Tarzana Medical Center.