Understanding Probate and Estate Litigation in California

When a loved one passes away, the legal process of settling their estate can quickly become overwhelming. Families are often faced with unfamiliar terms, tough decisions, and sometimes, deep-rooted family conflicts. One of the most common points of confusion? The difference between probate and estate litigation.

At Hackard Law, we focus on helping clients navigate these challenging legal waters—especially when elder financial abuse, trust disputes, or will contests are involved. While both probate and estate litigation occur in court, they are distinct processes with very different purposes.

After a loved one’s passing, families often find themselves navigating the probate process while still grieving. Understanding probate can help ease the stress during this difficult time.

Probate is the court-supervised legal process of settling a deceased person’s estate – ensuring that all debts and taxes are paid and that remaining assets are distributed to the proper beneficiaries or heirs. In California, this process takes place in the probate court, a specialized division of the Superior Court that validates the decedent’s will (if one exists) and oversees estate administration

The primary purpose of probate is to carry out the decedent’s wishes as expressed in their will, or if no will is present, to distribute assets according to state law, all while providing an orderly framework that protects beneficiaries’ rights and creditors’ claims. Although probate may seem intimidating, it serves as a safeguard to ensure that an estate is handled fairly and transparently when emotions run high and families need clarity.

Probate With a Will vs. Without a Will (Testate vs. Intestate)

Did the decedent leave a will?

When there is a Will (Testate): If the decedent left a valid will, probate’s role is to prove its validity and carry out its instructions. The court typically accepts the will and appoints the executor named in it. The executor then receives Letters Testamentary, granting them authority to manage and distribute the estate according to the will. Their job is to gather assets, pay debts and expenses, and distribute the remaining assets to the beneficiaries. California law gives strong deference to a properly executed will, so long as it wasn’t influenced by fraud or undue pressure. The court’s role is to oversee the process and resolve any disputes, such as will challenges.

When there is no Will (Intestate): If a person dies intestate, California’s intestate succession laws determine who inherits the property. This default system typically prioritizes close relatives, like a surviving spouse or children. In intestate probate, the court appoints an administrator—usually a family member with legal priority (e.g., a spouse or adult child)—who receives Letters of Administration, granting them authority to manage the estate. Unlike with a will, the administrator must distribute the estate according to California law, not the decedent’s wishes. The court may require a distribution plan and issue an order on how assets should be divided. If a will is invalidated during probate (e.g., if it was signed under duress), the estate will be treated as intestate.

Role of the Personal Representative (Executor or Administrator)

The personal representative – whether an executor (with a will) or administrator (no will) – is the individual in charge of steering the estate through probate. This role comes with important duties and fiduciary responsibilities. In practical terms, the personal representative must:

Collect and safeguard assets:

They identify, locate, and take control of all assets owned solely by the decedent. This can include gathering bank accounts, securing personal property, and managing real estate (for example, making sure a house is locked and maintained). Early in the process, the personal representative will prepare an Inventory and Appraisal of the estate’s assets to file with the court. In California, a probate referee (a court-appointed appraiser) may assist by valuing non-cash assets in the inventory.

Notify creditors and pay debts:

Part of probate is making sure the decedent’s outstanding debts are settled. The personal representative must send out a formal Notice of Administration to known creditors and publish a notice in a local newspaper to alert any unknown creditors. Creditors then have a limited window (often four months from the issuance of letters) to file claims against the estate

The personal representative evaluates each claim and, if valid, pays it from estate funds. This includes final medical bills, credit card debts, funeral expenses, and any taxes due. Importantly, the personal representative should only pay legitimate claims and may sometimes need to reject or dispute claims that appear improper – creditors who miss the claim deadline or whose claims lack merit might be barred from later collection attempts.

Manage estate finances:

During the probate process, the personal representative effectively manages the estate as a temporary trustee. They might need to open an estate bank account to hold funds, ensure insurance policies (homeowner’s, auto, etc.) remain in effect, handle income coming to the estate (like rent from a tenant or dividends), and possibly oversee the sale of assets if cash is needed to pay debts or if the will directs a sale. All financial actions must be done prudently and in the best interest of the estate’s beneficiaries. The personal representative has a fiduciary duty – a legal obligation to act with utmost honesty and care – toward the beneficiaries and heirs.

Handle taxes:

The personal representative is responsible for seeing that the decedent’s final income tax return is filed (for the year of death) and paid, as well as any estate tax returns if the estate is large enough to require one. They may need to obtain an Employer Identification Number (EIN) for the estate and file an estate income tax return if the estate earns significant income during administration. California does not have a separate estate tax, but federal estate tax may apply to very large estates. Even if no estate tax is due, filing obligations (like a final personal 1040 tax return) still must be met.

Report to the court:

Probate in California isn’t entirely behind-the-scenes – the court keeps an eye on progress. Typically, if an estate is not ready to close within a year, the personal representative must file a status report with the probate court explaining why more time is needed. They also might have to account for their actions: detailing all money received and paid out on behalf of the estate. Before final distribution, the personal representative will submit a final accounting (unless it’s waived by all beneficiaries) showing exactly how the estate was handled.

Distribute assets to beneficiaries/heirs:

Once the debts, expenses, and taxes have been taken care of, the personal representative petitions the court for permission to transfer the remaining assets to the rightful beneficiaries (if a will, those named in the will) or heirs (if intestate, those identified by law). The court will review the petition and the accounting. Upon approval, the personal representative can formally distribute the assets – for example, signing deeds to transfer real property or writing checks from the estate account to the beneficiaries for their share of cash assets. Each recipient typically signs a receipt for the assets they receive, which the personal representative files with the court. After distribution is complete, the personal representative can take steps to close the estate, ending their duties.

Serving as an executor or administrator is a big responsibility. California law allows the personal representative to collect a statutory fee from the estate for their work (and likewise a fee for the estate’s attorney), but these fees are paid at the end and are subject to court approval. Throughout the process, the personal representative must act transparently and loyally. If they fail to perform their duties or misuse estate assets, they can be held accountable by the court or by the beneficiaries. In summary, the personal representative is the point person who carries the estate through probate from start to finish, under the probate court’s supervision.

Which Assets Go Through Probate (and Which Do Not)

One of the first questions families often have is “Do all of our loved one’s assets have to go through probate?” The answer is no – certain types of assets pass to new owners without probate, while others do require probate. It’s important to distinguish between probate assets and non-probate assets:

Non-Probate Assets:

These are assets that have built-in mechanisms to transfer ownership at death, outside of the probate court process, common examples include:

Jointly Owned Assets:

If the decedent owned property in joint tenancy with right of survivorship (or as “community property with right of survivorship” with a spouse), their interest typically passes directly to the surviving co-owner by operation of law. For instance, if a house or bank account is held jointly by a husband and wife, and the wife dies, the husband usually automatically becomes the sole owner – no court involvement needed.

Assets with Beneficiary Designations:

Many financial accounts allow you to name a beneficiary who will receive the asset upon your death. Life insurance policies, retirement accounts (like IRAs and 401(k)s), pensions, and bank accounts with payable-on-death (POD) or transfer-on-death (TOD) designations fall in this category. When the owner dies, the beneficiary can claim those assets directly by providing a death certificate and ID, completely bypassing probate. Similarly, Transfer-on-Death Deeds (which are allowed in California for real estate) let real property pass to a named beneficiary without probate.

Trust Assets:

Assets that were placed in a living trust during the decedent’s lifetime avoid probate as well. The trust instrument will name a successor trustee to take over management of those assets and a list of who should receive them. Because the trust, not the individual, is technically the legal owner, the transition happens privately under trust law instead of through the probate court. (This is a common probate-avoidance strategy – people create revocable living trusts to hold their home and investments so that when they die, their chosen successor trustee can distribute the assets without a court case.)

Non-probate assets aren’t part of the probate estate unless something goes wrong (for example, if a named beneficiary predeceased the owner and no alternate is named, or if an intended trust transfer wasn’t completed properly – in such cases, those assets might end up needing probate after all). But generally, these mechanisms are designed to streamline transfers and keep certain assets out of probate.

Probate Assets:

Probate assets are those owned solely by the decedent or without a direct transfer mechanism, requiring probate to transfer title to new owners. Examples include:

Real estate titled only in the decedent’s name (not in a trust or joint tenancy).
Bank accounts, investment accounts, or stock certificates in the decedent’s name without a POD/TOD beneficiary.
Vehicles, boats, or other titled property owned solely by the decedent.
Personal belongings, household items, jewelry, furniture, collections, and other personal property without a co-owner.
Business interests (e.g., shares in a privately held company) without a buy-sell agreement or beneficiary designation.

In California, probate allows the transfer of assets under the decedent’s control. For smaller estates, simplified procedures may apply. As of 2025, if a person died on or after April 1, 2022, and the estate is valued at $184,500 or less, it can be settled without formal probate. For deaths before April 2022, the threshold was $166,250. In these cases, heirs can use a small estate affidavit or other tools to transfer assets.

If the estate exceeds the threshold, formal probate is required for probate assets. Only probate assets count toward this threshold; non-probate assets, like jointly owned property or trust assets, are excluded. For example, a decedent with a joint tenancy home and a $50,000 solo bank account would have a $50,000 probate estate. A $500,000 home solely in the decedent’s name triggers probate.

Identifying probate vs. non-probate assets helps families understand the complexity of probate and why estate planning tools—like trusts or beneficiary designations—minimize probate assets. For those facing a loved one’s passing, knowing the distinction is key to moving forward.

Important Probate Terms to Know

Like any legal process, probate comes with its own vocabulary. Below are some key terms in California probate, explained in plain language:

Decedent:

The person who has died. Probate deals with administering the decedent’s estate. (You might also see “deceased” used as an adjective, as in “deceased husband” or “the deceased.”)

Estate:

All the money, property, and assets owned by the decedent at death that are subject to administration, minus any liabilities (debts). The estate is what gets distributed in probate.

Probate Court:

The division of the California Superior Court that handles matters related to estates, wills, and trusts. Each county has a probate court (or probate department) that oversees the probate process from start to finish. The probate judge will approve the appointment of the personal representative, review accountings, and issue orders for distribution.

Testate:

Describes an estate where the decedent left a valid will. (The decedent in that case is often called the testator – the person who made the will.) A testate estate will generally be distributed according to the will, under probate court supervision.

Intestate:

Describes an estate where the decedent did not leave a will. Intestate succession refers to the set of California laws that determine who inherits in this situation. Typically, assets go to the closest relatives – for example, a surviving spouse and children inherit first. If the decedent had none, the law looks to parents, siblings, and more distant kin in a specific order. The probate court ensures the estate is distributed in line with these laws when there’s no will.

Personal Representative (PR):

The individual responsible for administering the estate. This is a generic term that applies to either an executor or an administrator. The personal representative gathers assets, pays debts, and distributes the estate. They act as the estate’s fiduciary. In California probate documents, you’ll often see “Petitioner” (the person asking to be appointed) and then once appointed, they are referred to as the executor or administrator of the estate.

Executor:

A personal representative named in the will and appointed by the court to carry out the will’s instructions. For example, a father’s will might say “I nominate my daughter Jane as executor of my estate.” Jane will then petition the court to be officially appointed and, once confirmed, serve as executor.

Administrator:

A personal representative for an intestate estate (no will), appointed by the court. California law provides a priority list for who can serve – generally the surviving spouse or domestic partner has first priority, then children, then other relatives. If Jane’s father died without a will, Jane could petition to be appointed as administrator of his estate. (Executors and administrators have very similar duties; the title differs based on whether there was a will.)

Letters Testamentary:

Despite the confusing name, these are not letters in the correspondence sense. “Letters” here means an official court document (with a court seal) that confirms someone’s appointment as executor of a testate estate. Letters Testamentary are issued to the executor after the probate court approves them. This document is crucial – it’s what banks, title companies, and others will ask to see to prove the executor has authority to act on behalf of the estate. For example, an executor uses Letters Testamentary to close the decedent’s bank account or to sell a house belonging to the estate.

Letters of Administration:

This is the equivalent document issued when the court appoints an administrator for an intestate estate. It serves the same function as Letters Testamentary, authorizing the administrator to handle estate affairs. Often, people informally just refer to both as “Letters” – for instance, a lawyer might ask if you’ve received your “Letters” yet, meaning either form depending on the context. Both types are sometimes collectively called “Letters of administration” in California statutes (with the understanding that Letters Testamentary are a subset, used when there’s a will)

Intestate Succession:

(Covered above under intestate, but to reiterate) the legal scheme of distributing a deceased person’s property when there is no will, as provided by the California Probate Code. It’s essentially a family tree hierarchy the law uses to find the next owner for each asset. For example, if someone dies unmarried with no kids, their estate might go to their surviving parents; if the parents are also deceased, then to siblings, and so on.

Beneficiary vs. Heir:

A beneficiary is anyone who is set to receive assets from the estate – this could be someone named in a will or a designated beneficiary on a non-probate asset like an insurance policy. An heir usually means a person who would inherit under intestate succession (a legal heir). Heirs inherit by law without a will, while beneficiaries inherit according to a will or trust.

Letters Testamentary vs. Letter of Testamentary:

Just a quick note on phrasing – it’s commonly called “Letters” (plural) Testamentary even though it’s one document. If a bank asks for a “letter of testamentary,” they usually mean the official court Letters. It’s a linguistic quirk; just remember both refer to the court-issued document giving authority to the executor.

These terms often come up in probate paperwork and discussions. Knowing them can make the process feel a little less like a foreign language. Of course, your attorney will guide you through their meaning as you go, but it’s empowering for families to understand the basic lingo when dealing with probate.

Probate Timeline and Key Steps in California

How long does probate take?

It’s natural to worry about timing, especially when you’re eager to settle affairs and move forward. In California, a typical formal probate will take around 9 to 18 months from start to finish. Some cases resolve faster, especially with small estates and cooperation, while others can stretch for years due to complications.

California law expects the personal representative to complete probate within one year (or 18 months for larger estates requiring a federal estate tax return), or file a status report explaining the delay. In reality, many estates do go a bit over a year, but the average uncomplicated estate (no disputes, readily identifiable assets) often wraps up in roughly a year’s time. Below is an overview of the major steps in the California probate process, in roughly the order they occur:

Opening the Probate Case – Petition and Notice:

The probate process begins by filing a Petition for Probate in the Superior Court of the county where the decedent lived or owned property. The petition provides details about the deceased, the will, and the person requesting appointment as executor or administrator. A hearing date is set, and interested parties (heirs, beneficiaries, creditors) must be notified by mail. Additionally, a notice must be published in a local newspaper to alert potential creditors or interested individuals. If there’s a will, the original is filed with the court. Between filing and the hearing, anyone wishing to contest the will or the appointment of the executor can file an objection.

Appointment of Personal Representative:

At the probate hearing, the judge will confirm that proper notice was given and that the petitioner (the proposed executor/administrator) is qualified. If all is in order and there are no objections, the court will issue an order admitting the will to probate (if there is a will) and officially appointing the personal representative. The court then issues Letters Testamentary (for an executor) or Letters of Administration (for an administrator) to that person. These “Letters” are essentially the license to act on behalf of the estate. Often at this stage, the court may also require the personal representative to post a bond (an insurance policy to protect the estate against any potential mishandling by the executor/administrator), unless the will waived the bond requirement or all heirs waived it. Once Letters are issued, the real work of estate administration begins.

Inventory and Appraisal of Assets:

After appointment, the personal representative must identify all of the estate’s assets and determine their value. This is the inventory phase. They will create an Inventory and Appraisal form listing every asset – e.g., “Bank of America account ending 1234 – $10,500; 2015 Toyota Camry – $8,000; Family home at 123 Maple St. – $500,000,” etc. California uses neutral probate referees (appraisers) to value certain non-cash items, primarily real estate and unique assets, to ensure an objective valuation. The personal representative submits the inventory to the referee, who appraises those items and signs off on the form. The personal representative files the inventory with the court, providing a snapshot of the estate’s assets for fee calculation and final distribution.

Estate Administration – Managing and Protecting Assets:

During probate, the personal representative manages the estate by overseeing tasks related to the decedent’s assets. For real property, this includes paying the mortgage, HOA dues, insurance, and utilities. If there are tenants, the PR acts as the landlord. Vehicles need insurance and maintenance, and valuable personal property should be secured. The PR also makes decisions about investments and may sell assets, such as a car or house, to divide the estate. Sales of major assets typically require a provision in the will, notice to interested parties, or court approval to ensure transparency.

Notice to Creditors and Paying Debts:

A critical part of probate is addressing creditor claims. Upon appointment, the personal representative will mail out Notice of Administration to all known or reasonably identifiable creditors (like credit card companies, medical providers, etc.) The PR also publishes the notice in the newspaper as mentioned, which starts the clock for unknown creditors. From the time Letters are issued, creditors generally have up to four months to come forward with formal claims.

Reviewing, Prioritizing, and Resolving Debts During Probate

The personal representative (PR) reviews any claims submitted by creditors. The personal representative pays valid debts, such as utility bills, car loans, or funeral expenses, from estate funds. If the estate lacks immediate cash, they may sell assets to cover debts. They negotiate or deny disputed claims, and creditors can request a court hearing if they disagree. California has a one-year statute of limitations for creditors to take action. If the estate is insolvent, the PR must prioritize certain debts, such as funeral expenses, taxes, and estate administration costs. The PR must also file the decedent’s final income tax returns and ensure all taxes are paid. Estate tax is only relevant for very large estates and must be handled within specified timeframes.

Interim Measures and Accountings:

If the probate lasts more than a year, the personal representative must file a status report or interim accounting with the court around the one-year mark. This report updates the court on the delay (e.g., waiting for a house to sell or a lawsuit to resolve) and summarizes actions taken so far. The personal representative keeps beneficiaries informed through these reports or informal communication. In straightforward cases that wrap up within a year, this step may not be necessary beyond keeping beneficiaries updated.

Dealing with Challenges (if any):

During probate, challenges may arise, such as will contests or disputes over the executor’s performance. The court halts distribution during a will contest, but the executor continues handling tasks like paying bills. Another potential issue is a petition to remove the personal representative for cause, which would require court proceedings. While most probates proceed smoothly, the process is designed to resolve disputes if needed.

Final Account and Petition for Distribution:

Once the personal representative accounts for all assets and handles debts and expenses, they close the estate. They prepare a final accounting, showing all transactions: incoming assets, payments made, and remaining distributions.If all beneficiaries agree, they can sometimes waive a formal accounting to simplify things. Along with the accounting (or waiver of accounting), the personal representative files a Petition for Final Distribution. This petition tells the court: “We’ve done everything required, and now we propose to distribute the remaining assets as follows…”. It lists who gets what, down to the dollar. A hearing date is set for the judge to review everything.

Court Approval and Distribution:

At the final hearing, the judge approves the estate’s distribution, allowing the personal representative to transfer assets to beneficiaries. The personal representative then carries this out and obtains signed receipts from each beneficiary confirming they received their inheritance.

Closing the Estate:

After distribution, the personal representative files the receipts with the court and submits a final petition to be discharged from their duties. The court then releases them from responsibility, and the probate case closes.

Probate is now complete. At this point, the executor’s job is done, and the family can move forward knowing the legal affairs are wrapped up.

Probate is a detailed process with costs and delays, but understanding it helps set expectations and protects beneficiaries.

Read what our clients say about Hackard Law’s probate services

Common Issues and Challenges in Probate

Even in the best of circumstances, probate can present some challenges. During what is already an emotionally trying time, families might encounter issues such as delays, disputes, or unexpected claims. Below are some common probate challenges and how they can impact the process:

Delays and Procedural Holdups:

Probate often takes longer than expected due to various delays. Procedural issues, like busy court calendars or paperwork errors, can postpone hearings or the final distribution. Estates with numerous assets or those in multiple jurisdictions require more time to administer, including ancillary probate for out-of-state property. Real estate sales can also slow probate, as finding a buyer and closing the sale can take months, delaying distribution until completed. While California law aims for a year-long process, estates involving complications or property sales often take longer. Families should prepare for the possibility that probate may extend beyond a year.

Creditor Claims and Financial Surprises:

Families are often surprised by debts left behind by a loved one, such as credit card balances, medical bills, or lawsuits. In probate, the personal representative must handle creditor claims carefully. Small claims, like utility bills, are usually paid without issue but can reduce the estate’s value. Large or disputed claims, such as from business partners, may require litigation and could prevent beneficiaries from receiving anything if debts exceed the estate’s value. Tax liabilities, like unpaid income taxes, can also complicate matters. The personal representative evaluates and pays valid debts, rejects invalid claims, ensuring the estate proceeds fairly for all heirs.

Family Disputes and Will Contests:

Probate often exposes underlying family tensions, especially when a will’s provisions surprise family members. A will contest halts probate, leading to hearings or trial to resolve validity, extending the probate timeline. Disputes may also arise over the interpretation of vague bequests or accusations of executor favoritism. Hackard Law handles emotionally charged cases involving hidden assets, deception, and breached duties, protecting heirs through court intervention.

Elder Financial Abuse Cases:

Hackard Law specializes in elder financial abuse, which can complicate probate. If an elderly person is coerced into altering their estate plan, family members may petition the court to invalidate the will or recover improperly transferred assets. These cases are complex, requiring evidence of the elder’s mental state and relationship dynamics, often involving parallel civil actions. While challenging wrongdoing is important, it delays estate settlement. Probate courts may address these issues or handle them separately in civil court. Probate courts can freeze estates, reclaim stolen assets, and provide remedies like invalidating wills or using constructive trusts.

Executor/Administrator Challenges:

Sometimes the person in charge of the estate becomes the source of conflict. Perhaps the executor is a distant relative who isn’t communicating with the family, or siblings don’t trust the chosen executor. Beneficiaries might accuse a personal representative of mismanaging assets or taking too long. In extreme cases, they can petition the court to remove the executor or demand an accounting of all actions. These conflicts can stem from lack of transparency or prior strained relationships. It’s often helpful if the personal representative maintains open communication and evenhandedness to prevent mistrust. Nonetheless, if such issues do arise, the probate court can step in – ordering the PR to produce financial records, or if necessary, replacing them with a neutral party. While this provides a safeguard, it invariably slows down the process and adds legal costs.

All these challenges underscore an important point: probate is about people as much as it is about property. It’s a legal process intertwined with family relationships, grief, and, at times, greed or misunderstanding. Hackard Law resolves probate disputes efficiently, supporting clients through tough times with assertiveness and compassion.

Examples of Probate Complications Involving Elder Abuse or Contested Wills

To illustrate how probate can become complicated, let’s look at a couple of realistic scenarios that Hackard Law has seen in our practice, especially involving elder abuse and disputes:

Example 1 – Undue Influence in a Will:

John, an 88-year-old California resident, had a long-standing will leaving his estate equally to his four children. However, in his final year, his health declined, and a new caregiver, Alice, persuaded him to sign a new will naming her as the primary beneficiary. After John’s passing, his children discovered this will and suspected undue influence, given John’s dementia diagnosis. They filed a will contest, and the probate court had to determine if the will was valid or the result of elder abuse. John’s medical records and witness testimonies presented the evidence. During the probate, a neutral executor temporarily managed John’s assets. If Alice’s influence is found undue, the court invalidates the will, protecting John’s children from her profit.

Example 2 –Theft of Estate Assets:

Maria, a widowed mother of two, had a modest estate. David exploited his mother financially, transferring $100,000 to a joint account and claiming sole ownership of her house after her death. Suspecting elder abuse, Alex filed a petition in probate court, arguing the transfers were due to undue influence. The court consolidated the petition with the estate case, deciding whether the house and funds should return to the estate. If Alex proves his case, the assets could be returned, and David could face double damages for elder abuse. This case highlights how probate courts can correct wrongs and ensure fair distribution of the estate. Hackard Law specializes in protecting beneficiaries from elder abuse.

Probate as a Tool for Justice

In both examples, we see the probate system doing more than just pushing paperwork; it becomes a venue for justice and conflict resolution. These situations are unfortunately not uncommon. As our population ages, elder abuse grows, and California probate courts are equipped to address these sensitive issues. If something about a loved one’s estate feels off—like sudden changes or a suspicious person taking control—the probate process allows for investigation. In such cases, it’s best to involve experienced probate and elder abuse litigation attorneys to navigate the complexities.

Throughout all of this, compassion and patience are vital. Probate battles can divide families, but Hackard Law fights for justice while respecting clients’ emotional struggles.

Navigating Probate with Compassion and Support

Probate is a journey that no family really wants to take, especially in the wake of losing a loved one. But it is often a necessary path to bring closure and order when settling an estate. The process may seem daunting, but understanding its steps and purposes can demystify it. In California, probate settles a loved one’s affairs by distributing assets to the rightful beneficiaries and resolving liabilities to prevent future issues for the family.

Hackard Law combines expertise and empathy, guiding families through probate and estate law with care, clarity, and compassion.

If you find yourself facing probate, remember that you do not have to go through it alone. Seek reliable information and legal help to navigate probate efficiently, ensuring your loved one’s legacy is handled with care.

When Does Estate Litigation Come Into Play?

Estate litigation refers to legal disputes involving a deceased person’s will, trust, or estate. It’s often the result of disagreement among heirs, suspicion of elder financial abuse, or mismanagement by a trustee or executor.

While probate is procedural, estate litigation is adversarial. It often involves high-stakes conflict, and the courtroom becomes the setting for sorting out complex questions like:

Was the decedent’s will valid under California law?
Did someone exert undue influence over a vulnerable elder?
Is the trustee acting in the best interests of the beneficiaries?
Were certain heirs wrongfully left out of the estate?

Common estate litigation matters include:

Will contests – Challenging the authenticity or validity of a will due to lack of capacity, coercion, or improper execution
Trust disputes – Addressing ambiguous trust language, breaches of fiduciary duty, or claims of elder exploitation
Executor misconduct – Removing or replacing a personal representative who fails to act responsibly or legally
Heir and beneficiary disputes – Handling claim by omitted spouses, children, or other family members
Creditor challenges and business ownership conflicts – Disputes over debt repayment or unclear ownership of estate assets

At Hackard Law, we regularly represent clients in cases where estate litigation is necessary to protect their loved one’s legacy—and their legal rights.

Why Choosing the Right Attorney Matters

Not every probate case turns into a legal battle. But when a dispute does arise, it’s critical to have experienced legal counsel who understands both the administrative side of probate and the high-stakes nature of estate litigation.

Whether your concern involves undue influence, a suspicious last-minute will, or a trustee refusing to communicate, we’re here to help. Our attorneys work closely with clients to investigate claims, gather evidence, and aggressively pursue justice—both inside and outside the courtroom.

By working with a firm like Hackard Law that handles both probate and estate litigation, you’re ensuring continuity and experience at every step. We’re already familiar with the facts of your case, and ready to advocate for you if litigation becomes necessary.

Final Words

The line between probate and estate litigation isn’t always obvious—until a problem arises. Whether you’re navigating a straightforward estate administration or confronting serious concerns about fraud or abuse, Hackard Law brings the experience, clarity, and determination you need.

Our team has helped families across California protect their inheritance and pursue rightful claims in the face of injustice. If you suspect something isn’t right—or simply need guidance through the probate process—contact Hackard Law today. We’re here to stand by your side, and to fight for what’s fair.

Hackard Law helps families navigate both. If you have any issues, please contact us.