Signs It’s Time to Consult a Probate Lawyer

By Michael Hackard

In over 40 years of litigating and resolving estate, trust, and elder abuse cases across California, I’ve learned that timing matters. Especially when it comes to probate. Too many families wait until confusion becomes crisis, or worse, until emotions give way to courtroom battles. Often, the warning signs were there long before the first petition was filed, ignored or misunderstood.

Probate is more than a legal process. It’s a transition one marked by grief, complexity, and the potential for costly mistakes. In that landscape, a probate lawyer doesn’t just offer paperwork. We offer direction. We help families navigate a difficult season with clarity, structure, and protection.

In this blog, I’ll share the key signs that it’s time to consult a probate lawyer. Whether you’re facing the death of a loved one, handling a complicated estate, or encountering conflict among heirs, this guide is here to help you identify when professional guidance isn’t just helpful, it’s essential.

What Is Probate?

Let’s begin with the basics. Probate is the court-supervised process of administering a deceased person’s estate. It involves proving the validity of a will (if there is one), identifying assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries.

While probate may seem straightforward in theory, it’s often anything but in practice. Delays, disputes, outdated estate plans, creditor claims, and unclear wills can all turn probate into a legal minefield.

That’s why consulting a skilled probate lawyer early in the process can save time, money, and relationships.

1. There’s No Will (Dying Intestate)

When a person dies without a will, they are said to have died intestate. In such cases, state law determines who inherits what. This process often doesn’t reflect the decedent’s true wishesband can leave heirs confused, disappointed, or at odds.

If you’re faced with administering an estate without a will, consulting a probate lawyer is critical. We help you:

• File the proper petitions with the probate court
• Identify rightful heirs under California intestacy law
• Protect the estate from wrongful claims
• Avoid personal liability as the estate’s administrator

Without legal guidance, intestate estates can quickly spiral into disorganization and even litigation.

2. The Will Is Being Contested

Few things are more emotionally and legally charged than a will contest. If one or more heirs claim the will is invalid due to undue influence, fraud, lack of capacity, or improper execution, you need a probate lawyer immediately.

These disputes often arise when:

• A last-minute will benefits a new partner or caregiver
• A disinherited heir believes they were unfairly excluded
• An elderly decedent signed documents under suspicious circumstances

Contested wills are serious matters. They require in-depth legal knowledge, evidentiary skill, and courtroom experience. A probate lawyer can help you mount a strong case, whether defending or challenging a will, while ensuring the process is conducted lawfully and respectfully.

3. The Executor Is Failing or Mismanaging the Estate

Executors (or administrators) have a fiduciary duty to act in the best interests of the estate and its beneficiaries. When they breach that duty, through incompetence, negligence, or self-dealing the damage can be significant.

Signs of mismanagement include:

• Failing to provide required notices or reports
• Delaying distributions without cause
• Withholding information from heirs
• Mixing personal and estate funds
• Refusing to communicate

If you suspect the executor is mismanaging the estate, a probate lawyer can step in to:

• Investigate breaches of duty
• Petition the court for removal or replacement
• Recover improperly distributed or missing assets
• Ensure proper accounting

Beneficiaries have rights and we help enforce them.

4. The Estate Includes Complex or High-Value Assets

Probate becomes exponentially more complicated when an estate includes:

• Businesses or business interests
• Multiple real estate holdings (especially in different states)
• Large investment accounts
• Royalties, copyrights, or intellectual property
• Foreign assets or offshore accounts

These assets require careful valuation, legal transfer, and sometimes litigation. A probate lawyer helps you:

• Navigate tax obligations
• Appoint qualified appraisers
• Handle title transfers
• Protect estate value during administration

In high-value or complex estates, even small errors can result in major financial losses. Legal guidance helps avoid those pitfalls.

5. Family Tensions Are Escalating

Probate has a way of exposing unresolved family tensions. Grief often amplifies old grievances, and money can become a proxy for deeper emotional wounds.

If you’re noticing any of the following, it’s time to bring in a probate lawyer:

• Heated arguments over inheritance
• Suspicion about the decedent’s final wishes
• Accusations of manipulation or favoritism
• Refusal to cooperate with the executor

We’ve seen families torn apart by assumptions and silence. A probate lawyer can serve as a neutral, informed voice, ensuring the process remains legally sound and reducing the emotional toll on the family. Even when family emotions intensify, legal clarity and structure can help prevent estate disputes.
👉 Resolving Family Estate Disputes with Clarity

6. There Are Creditor Claims or Debt Issues

An executor is responsible for paying valid debts and taxes before distributing the estate. But not all creditor claims are valid, and not all debts are simple.

You may face:

• Disputed medical or nursing home bills
• Complex tax liabilities
• Lawsuits against the estate
• Questionable loan claims from family or caregivers

Failing to address debts properly can expose the executor to personal liability. A probate lawyer helps sort valid from invalid claims, negotiate settlements when appropriate, and protect the estate’s assets from unnecessary loss.

7. The Decedent Owned Property in Multiple States

When a person dies owning real estate in more than one state, ancillary probate may be required in each state. That means multiple court proceedings, each governed by different laws.

In such cases, a probate lawyer can:

• Coordinate multi-jurisdictional filings
• Avoid unnecessary duplication of effort
• Ensure legal compliance across state lines

Failing to handle out-of-state property properly can delay distributions and, in some cases, lead to loss of property.

8. Probate Is Taking Too Long

While probate in California typically takes 9 to 18 months, delays beyond that may signal a problem, especially if:

• Beneficiaries haven’t received updates
• No inventory or accounting has been filed
• The executor is unresponsive or evasive

A probate lawyer can help assess whether the delay is justified and if not, petition the court for action. We ensure beneficiaries receive timely, accurate information and help move stalled estates toward resolution.

9. You’ve Been Excluded or Treated Unfairly

If you believe you’ve been wrongly excluded from an inheritance or that another beneficiary received an unfair share, you may have legal remedies.

A probate lawyer will:

• Review the will or trust language
• Investigate suspicious amendments or beneficiary changes
• Identify instances of undue influence or fraud
• Advise whether a contest or claim is appropriate

While not every case warrants litigation, beneficiaries should know their rights. We help you understand your legal standing and pursue justice when necessary.

10. There Are Signs of Elder Financial Abuse

Unfortunately, elder financial abuse often reveals itself only after death, through unexpected will changes, missing assets, or beneficiary shifts that favor caregivers, advisors, or relatives.

Signs of abuse include:

• Drastic changes to the will late in life
• Unexplained asset transfers
• Secretive financial behavior
• Isolation from family or advisors

At Hackard Law, we’ve handled dozens of elder financial abuse cases. We know the signs, and we know how to uncover the truth. If you suspect your loved one was manipulated or exploited, don’t wait. The longer you delay, the harder it is to recover lost assets.

11. You’ve Been Appointed Executor and Feel Overwhelmed

Being named executor is an honor but also a legal obligation. You’re expected to:

• Notify beneficiaries
• Locate and safeguard assets
• Pay taxes and debts
• File court documents
• Provide accountings

It’s a complex job with real legal consequences for mistakes.

A probate lawyer can:

• Walk you through your duties
• Handle filings and notices
• Prepare accountings and tax documents
• Protect you from liability

Executors aren’t expected to know everything. But they are expected to act diligently. Legal guidance helps you do that confidently and correctly.

When Emotions Cloud Judgment

One of the most overlooked signs that it’s time to consult a probate lawyer is emotional fatigue. Losing a loved one is hard enough. Add legal obligations, financial confusion, and family stress and it’s easy to feel paralyzed.

That’s when you need an experienced voice. Someone who understands not just the law, but the emotional terrain of probate. Someone who can provide clarity when decisions feel overwhelming.

A good probate lawyer doesn’t just draft forms. We listen. We guide. And we protect your family, legally and emotionally, through one of life’s most difficult transitions.

Don’t Let Delay Become Disrepair: The Real Cost of Waiting

There’s an old legal truism: justice delayed is justice denied. That principle holds especially true in probate matters. When families delay consulting a probate lawyer, they often believe they’re saving money or avoiding unnecessary complexity. In reality, they may be unwittingly stepping into a far greater storm, one that will cost far more in time, money, and personal peace than early intervention ever would.

I’ve worked with many clients who initially thought, “We can handle this ourselves.” Then the phone calls start. Documents go missing. An heir grows suspicious. An asset turns out to be more complicated than expected. Suddenly, what seemed manageable becomes unmanageable. What seemed like a respectful pause turns into a legal quagmire.

The truth is this: probate is not a DIY project. It is a formal legal process governed by strict deadlines, filing requirements, and fiduciary duties. Missing a single deadline can cost beneficiaries dearly. Failing to file a proper notice can invalidate important claims or expose the executor to liability. Misunderstanding the hierarchy of creditor claims can drain the estate unnecessarily. These are not theoretical risks, they are realities we’ve seen play out in courtrooms across California.

And then there’s the emotional cost.

When probate becomes chaotic, families suffer. Siblings stop speaking. Stepparents and children end up on opposite sides of a legal battle. Holidays come and go with empty chairs at the table, not because of death, but because of division. These wounds can take years to heal. Some never do.

Contrast that with the families who consult a probate lawyer early. They experience something radically different: clarity. Certainty. Structure. Yes, there are still emotions, but they are guided by a legal framework that provides resolution instead of rupture. These families don’t just protect the estate; they preserve the relationships around it.

This is why timing matters so deeply.

If you’re hesitating to consult a probate lawyer because you think you can’t afford one, consider this: you may not be able to afford not to. Proper legal representation protects the executor from personal financial risk. It preserves the estate’s value. It can even reduce estate taxes, resolve disputes before they escalate, and ensure that charitable or family goals are honored exactly as intended.

Beyond the financial, there’s a more personal truth: consulting a probate lawyer early shows your family that you care enough to get it right. It signals that you value fairness, clarity, and order. It gives your loved ones the comfort of knowing they are not walking this road alone, that they have someone who understands both the law and the lives affected by it.

At Hackard Law, our role is not to add complexity, it’s to remove it. We bring light to situations clouded by grief, tension, or uncertainty. We ask the questions you may not have thought to ask. We walk you through steps you didn’t know existed. And we do it all with the goal of protecting your family’s peace, not just its property.

So, if you’re seeing signs that probate could become complicated, don’t wait. Don’t let fear of legal costs or pride in doing it alone become the barrier to a smoother resolution. Reach out, ask questions, and take the first step toward resolution.

Because when you act early, you’re not just managing a legal process. You’re honoring the life that came before and protecting the ones who carry it forward.

Final Words

Probate can be straightforward, but it often isn’t. Disputes arise. Questions linger. Assets get overlooked. And families, already navigating loss, find themselves pulled into confusion or conflict they never expected. The key is knowing when to ask for help. If you recognize any of the signs we’ve discussed- missing wills, rising tensions, complex assets, questionable conduct, or personal uncertainty, don’t wait for things to unravel. Consult a probate lawyer.

At Hackard Law, we’ve helped hundreds of families navigate probate with dignity, clarity, and compassion. Whether you’re facing litigation, managing an estate, or simply unsure of what comes next, we’re here to help you get it right. Because when it comes to protecting your legacy and your family’s future, the right guidance makes all the difference.

Michael Hackard is the founder of Hackard Law, a California-based firm focused on estate, trust, and elder financial abuse litigation. With over four decades of experience, he is a leading advocate for families seeking clarity and justice during life’s most difficult transitions.

Contact Us

If you’re facing a complex probate matter or just need clarity on what comes next, don’t wait. Contact Hackard Law today  for trusted legal guidance backed by decades of experience.