Encino Probate Administration Lawyer

It can be incredibly difficult to handle the legal process of probate after a devastating loss of a loved one. The process can be even harder when you are put in charge of administering their estate, especially if there are disagreements about how the administration should be handled. It can help to work with an Encino probate administration lawyer. Your lawyer understands the legal requirements of the process and the steps to take, and can make it much easier for you.

Hire a Probate Administration Lawyer at Barry Law Group

When you hire a probate administration lawyer, you need a dedicated and experienced professional. At Barry Law Group, our firm has more than 35 years of legal experience, including many years handling probate administration and litigation. We believe strongly in providing dedicated legal representation that is transparent, strategic, personalized, and exceptional.

Our team understands the complex California probate laws that apply to cases in Encino and the San Fernando Valley, and we also know how difficult these cases are for people dealing with the loss of their loved one. We offer compassionate support and comprehensive legal care, and always focus on the highest quality of representation we can offer.

What Is Probate Administration?

Probate is the process of handling a person’s estate after they die, including addressing debts, paying taxes, and distributing the estate’s assets. This process is called probate administration and is handled by the executor named in the deceased person’s will or by the personal representative named by the probate court.

In Encino, probate is likely filed with the Superior Court of California for the County of Los Angeles, at the Stanley Mosk Courthouse, which is located in Los Angeles. The Los Angeles Superior Court reported 9,972 other probate filings in 2025 and 8,131 other probate dispositions.

The Probate Administration Process

Probate administration is a lengthy process that has to follow strict legal requirements. This process usually includes:

1. Filing the Petition for Probate with the court after the death of a loved one
2. Assessing the will, if one exists, for validity
3. Appointing the personal representative, such as the executor named in the deceased’s will
4. Publishing a notice of probate to legal heirs, named beneficiaries, known creditors, and any unknown heirs or creditors in the newspaper
5. Assessing and inventorying the assets in the deceased’s estate
6. Addressing outstanding debts, valid creditor claims, the estate’s taxes, and the estate’s expenses
7. Distributing assets to legal heirs or beneficiaries
8. Filing a final accounting with the court about how the estate’s assets were used and distributed
9. Closing the estate

Probate administration takes significant time. A will can make the probate process easier because it names important assets in the estate and can minimize disputes about how the assets are distributed. It also puts a trusted individual in charge of estate administration. According to one survey, only 32% of Americans have a will in place.

The process can be complicated by disputes and contests, which can happen at many points throughout probate administration.

What Are Common Issues in Probate Administration in Encino?

Disputes and disagreements can involve family members, other beneficiaries, creditors, the executor, and many other parties. They can include:

• Will contests. Interested parties might contest the will submitted to the probate court for several reasons, including claims of lack of mental capacity or other types of invalidity.
• Breach of fiduciary duty. The personal administrator of the estate has a fiduciary duty to the estate and its assets. If the assets are mismanaged, this is a breach of that duty, and interested parties can file a dispute about the issue. These claims may also be filed when heirs or beneficiaries suspect mismanagement or disagree with how the administrator is handling the estate, even if no breach occurred.
• Creditor disputes. Creditors are able to make claims for debts the estate owes, but disputes can happen over these claims. This can include the validity of the claims or whether they are actually valued accurately.

Working with a probate administration lawyer can be especially helpful when resolving and managing disputes.

FAQs

What Is the Average Cost of a Probate Lawyer in California?

Under California probate code, the average cost of a private lawyer depends on the value of the estate they are probating. The fees are 4% on the first $100,000 of the estate, 3% on the next $100,000, and 2% on the next $800,000. Then, fees are 1% on the next $9 million, and 0.5% on the next $15 million. For estates valued over $25 million, the court decides what a reasonable fee is for the remainder.

Do I Need a Lawyer for Probate in California?

A lawyer is not legally required for probate in California, but it is often beneficial to work with one. A lawyer can help you understand the expectations of the probate process, especially if you are an executor or personal representative. Working with a lawyer helps you meet legal requirements and can speed up the probate process by avoiding common errors. However, simple probate processes may not need a lawyer.

What Is the Difference Between a Probate Lawyer and an Estate Lawyer?

The main difference between a probate lawyer and an estate lawyer is that an estate lawyer is generally used when creating your estate plan while you are alive, and a probate lawyer is used when submitting and administering an estate plan after a loved one’s death. While estate lawyers help create documents like wills and trusts, probate lawyers help personal representatives administer those documents or help heirs challenge a will.

What Assets Don’t Go Through Probate?

The assets that don’t go through probate include assets that are not solely owned by the deceased. This includes assets held in a trust, as they are owned by the trust entity and managed by a successor trustee. It also includes co-owned assets with rights of survivorship and assets with direct beneficiary designations. These assets pass to the control of the co-owner or named beneficiary. Some assets may also avoid probate if the estate is small enough to qualify for simplified procedures.

Your Encino Probate Administration Attorney

Barry Law Group can help you with probate administration. We know it can be an overwhelming and even frustrating process to handle. Reach out to our firm and learn how we can make it easier.