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Last Modified on Jul 11, 2026
Dealing with the death of a loved one can lead to complex legal considerations. Estates must be settled in accordance with state laws, and disputes can arise during that process. Whether you are a personal representative needing legal support, a beneficiary, or another party tied to an active probate case, it is crucial to understand the difference between an estate lawyer vs. a probate lawyer. Although related, there are unique distinctions between the two types of jobs.
Understanding California’s Probate Laws
In 2024, the leading causes of death in California were cancer, accidents, and heart disease. Those and other causes led to 288,143 deaths that year. Other notable causes of death included heart disease, dementia, and chronic lower respiratory diseases. When someone dies in California, their Estate must be settled in accordance with state laws. The probate courts focus on administering estates.
As of 2025, small estates are defined as any estate valued at $208,850 or under. This includes both personal property and real Estate. Small estates can be settled through a simplified process. Considering that the average home value in California is $775,549, it becomes easy to see that many estates must go through the probate process.
A personal representative, also known as an executor, is responsible for managing the probate process. Their duties may include:
- Identifying and protecting estate assets
- Notifying beneficiaries and creditors
- Paying valid debts and taxes
- Maintaining financial records
- Distributing property according to the decedent’s will
Throughout the process, parties tied to the probate process can protect their rights by working with a qualified attorney.
What an Estate Lawyer Does After Someone Passes Away
Estate lawyers focus on helping clients plan by drafting wills, trusts, powers of attorney, and other documents designed to manage assets during life and after death. Others concentrate on legal matters that arise after someone passes away, including probate administration and estate litigation.
If an estate must be administered through the probate court, a lawyer experienced in probate matters can resolve conflicts. In some cases, this could be an estate lawyer or, more commonly, a probate lawyer.
They can make sure that the decedent’s assets are properly administered and distributed according to California law. Depending on the circumstances of the case, this could involve advising clients on the process. Not all Estate planning lawyers bring experience representing clients in court.
How a Probate Lawyer Can Help Resolve Estate Disputes and Court Proceedings
A probate lawyer focuses specifically on the legal process that begins after a person dies. Rather than creating estate plans, they help personal representatives administer estates, prepare court filings, identify assets, notify creditors, pay valid debts, distribute property, and comply with probate court requirements.
They also represent clients in probate litigation involving will contests, trust disputes, breach of fiduciary duty claims, contested accountings, and disagreements among beneficiaries or executors. Because probate proceedings involve strict deadlines and court procedures, a probate lawyer helps clients protect their rights while efficiently navigating California’s probate system.
Hire an Estate Planning Lawyer
In FY 2024-2025, the state saw 66,908 probate filings, and many cases can lead to complex disputes. If you are involved in an active probate case, your first step should be to hire an estate planning lawyer who can represent you through that process. A probate attorney can carefully review the background of your case, learn about your goals, and develop the right strategy for protecting your rights and interests.
The probate litigation attorneys at Barry Law Group can help you better understand state probate laws and how estate planning cases are handled. We are a family-owned boutique law firm that provides clients with focused, personalized legal services.
Since we focus on litigation and administration, we can guide executors or personal representatives through the probate process. Whether you live in Amestoy Estates, Royal Oaks, or elsewhere in the area, we are also prepared to resolve active disputes while protecting your interests.
FAQs
What Is the Difference Between an Estate Lawyer and a Probate Lawyer?
Although the terms estate lawyer and probate lawyer are used interchangeably, Estate planning lawyers typically focus on drafting trusts, wills, and other estate planning tools for clients. They may or may not focus on litigation and administration. A probate lawyer brings experience representing the interests of clients in probate court. They can help personal representatives or address disputes.
How Much Does It Cost to Hire a Probate Lawyer?
The cost of hiring a probate lawyer depends on their years of experience, reputation, and the time and resources they need to put into a case. Reputable law firms with years or decades of experience may charge higher fees than experienced attorneys. Fees for personal representatives are regulated by the state. In some cases, an attorney can administer the Estate directly when appointed by the court.
Does Every Estate Have to Go Through Probate?
Not every Estate has to go through probate, although most will spend some time in court. This is because an estate must be valued at $208,850 or under to qualify as a small estate, which leads to eligibility for a streamlined process. Trusts and other estate planning tools can allow assets to bypass the process. Anyone administering a large estate or seeking to protect their inheritance could spend time in probate court.
How Long Does the Probate Process Usually Take?
The estate planning process can take several months to well over a year to resolve. Accounting for all assets, debts, and properties for a large estate can take considerable time, and disputes can further complicate the process. Legal representation can play a crucial role in streamlining the process. A probate attorney can resolve disputes efficiently while prioritizing the interests of clients.
Trust Barry Law Group to Provide You With Focused Support in Probate Court
Whether you are serving as a personal representative or are a beneficiary or other interested party in a probate matter, Barry Law Group can provide you with focused legal support based on decades of experience. Our family-owned boutique can manage the complexities of probate litigation or administration, so your rights and interests are protected at every step.
The work we do is shaped by our core values of unmatched dedication, top legal strategies, impeccable performance, and transparency. Contact our office today to schedule your consultation with a member of our legal team.
