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Probate Litigation Attorneys in California

Image of a Californian coast line where probate litigation services are often needed

At The Estate Lawyers, APC, we guide families through the most complicated and emotionally charged probate disputes in California. As a litigation-only firm focused exclusively on trust, probate, and elder law, we help clients protect what matters most , their loved ones, their legacies, and their peace of mind.

Clients often describe their experience with us as life-changing. One recent client shared that hiring The Estate Lawyers, APC was “one of the best decisions I made when it comes to my estate portfolio.” He went on to say that our team’s diligence and professionalism led to “amazing results” and that he remained “grateful for the hard work and care” shown by Amy and Michelle throughout his case.

That gratitude reflects what defines our firm. With more than 150 years of combined courtroom experience, we bring both experience and empathy to every stage of litigation. We approach every case with focus, compassion, and unwavering advocacy.

Our attorneys are well known within California’s probate courts, including the Los Angeles County Superior Court, where we handle some of the state’s most intricate estate disputes. Contact us today to begin the process. 

The Estate Lawyers, APC: Here to Guide. Here to Fight. Here for You.

Understanding Probate Litigation in California

Probate litigation is the process of resolving disputes that arise during the administration of a deceased person’s estate. In California, these conflicts often involve disagreements over the validity of a will, the conduct of an executor, or the rightful distribution of assets among heirs and beneficiaries.

When someone passes away, their estate enters probate , a court-supervised process that makes sure debts are paid and property is distributed according to law or the decedent’s final wishes. While many probates proceed smoothly, others become complicated by family conflict, unclear estate documents, or suspected wrongdoing.

Common reasons probate cases escalate to litigation include:

  • Contested Wills: Disputes over authenticity, undue influence, or lack of capacity.
  • Executor Misconduct: Allegations of self-dealing, neglect, or poor recordkeeping.
  • Heirship and Beneficiary Conflicts: Competing claims to property or inheritance rights.
  • Creditor Disputes: Challenges involving debts, taxes, or third-party claims against the estate.
  • Breach of Fiduciary Duty: Failure of the executor or administrator to act in the estate’s best interest.

Our Probate Litigation Services in California 

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Why Choose The Estate Lawyers, APC

Choosing the right attorney during a probate dispute can make the difference between chaos and closure. At The Estate Lawyers, APC, we have earned our reputation as California’s trusted probate litigation firm by combining unmatched legal skill with genuine compassion for the families we serve.

Here’s why families across California turn to us:

Focused Niche
We don’t divide our attention between different practice areas. Probate, trust, and elder law litigation are all we do. That exclusive focus allows us to anticipate problems, craft precise arguments, and deliver faster, stronger results.

Decades of Proven Experience
With more than 150 years of combined courtroom experience, our team has handled virtually every type of estate dispute imaginable , from simple will contests to multi-million-dollar inheritance claims involving multiple jurisdictions.

Local Authority and Courtroom Credibility
We appear regularly in the Los Angeles County Superior Court, as well as probate courts across Orange, Riverside, San Bernardino, and San Diego Counties. Judges, mediators, and opposing counsel alike respect our preparation and professionalism.

Client-Centered Service
Every client is treated with respect, honesty, and care. We take time to explain your options in plain language and keep you informed at every step. When you work with us, you’re never left wondering where your case stands.

Compassion Meets Tenacity
We understand that probate disputes often involve grief, frustration, and uncertainty. Our attorneys approach each case with empathy , and fight with determination to make sure justice is done.

What is California’s Independent Administration of Estates Act (IAEA)?

The Independent Administration of Estates Act (IAEA) grants estate executors and administrators the ability to perform many estate management tasks without direct court supervision, streamlining what might otherwise be a lengthy process.

Under the IAEA, a personal representative can handle actions such as selling real property, paying debts, transferring assets, or settling claims without prior court approval, as long as no interested party objects. 

This independence reduces court congestion and speeds up estate and probate administration, but it can also introduce disputes when beneficiaries question whether the executor is acting within their authority or in the estate’s best interests.

In these cases, probate litigation often centers on whether the executor exceeded their powers or failed to provide adequate notice to interested parties. 

For example, heirs might contest a real estate sale conducted without proper notice or challenge the valuation of estate assets sold under IAEA authority. Such disputes are heard in the Probate Division of the California Superior Court, which retains the power to revoke or limit an executor’s independent powers if abuse or mismanagement is proven.

What to Expect During a California Probate Litigation Case

Probate litigation can feel overwhelming, especially when emotions and family relationships are at stake. At The Estate Lawyers, APC, we bring clarity to the process by guiding you through each stage with transparency and care. Our goal is to make it understandable and to make sure that you always know what comes next.

  1. Case Evaluation: The process typically begins with an in-depth review of court filings, estate documents, and correspondence to identify potential issues. From there, we develop a personalized strategy designed to protect your rights and preserve the estate’s integrity.
  2. Filing the Petition: Once a petition is filed in the probate court, all interested parties, like heirs, beneficiaries, executors, and creditors, are formally notified. This stage allows for responses, objections, and the exchange of information through discovery.
  3. Mediation or Settlement: If settlement is possible, we pursue mediation to help families resolve their differences efficiently and respectfully.
  4. Trial: When resolution cannot be reached, we move forward to trial, presenting a detailed and persuasive case before a probate judge.
  5. Post-Judgment Enforcement: After the court issues a ruling, our attorneys remain involved to confirm proper enforcement of orders, fair distribution of assets, and full compliance with California’s Probate Code.
  6. Ongoing Support: Throughout this process, we prioritize communication, professionalism, and compassion. You will always receive honest updates, clear explanations, and the reassurance that a senior litigator, not a junior associate, is leading your case from start to finish.

Community Property and Separate Property Rules in California Probate Disputes

California’s community property laws create unique challenges during probate and estate litigation, especially for married couples and registered domestic partners. 

As a community property state, California generally treats assets acquired during a marriage as jointly owned by both spouses, while assets owned before marriage or received by gift or inheritance are typically classified as separate property.

These distinctions become vital during probate litigation, particularly when determining how estate assets should be distributed or whether certain property should even be included in the estate. 

Disputes often arise when surviving spouses and heirs disagree over whether an asset, such as a home, investment account, or business interest, was community or separate property at the time of death.

The California Superior Court’s Probate Division may order a tracing of funds or property records to establish ownership history. The outcome can significantly affect inheritance rights, especially in high-value estates or blended families.

Because California’s community property law is broader than most states, understanding these classifications is necessary for both estate planning and litigation. 

Experienced California probate attorneys often collaborate with financial professionals and forensic accountants to accurately characterize assets and protect their clients’ interests in court.

Key Local Resources We Work With in California

  • Los Angeles County Superior Court – Probate Division, Stanley Mosk Courthouse, Los Angeles, CA
  • Orange County Superior Court – Probate Division, Central Justice Center, Santa Ana, CA
  • San Diego County Superior Court – Probate Division, San Diego, CA
  • Riverside County Superior Court – Probate Division, Riverside, CA
  • San Bernardino County Superior Court – Probate Division, San Bernardino, CA
  • California Judicial Branch – Probate Division Resources (statewide)
  • California State Controller’s Office – Unclaimed Property and Estate Oversight
  • California Department of Justice – Elder and Dependent Adult Abuse Resources

Our Client Testimonials

Our clients’ experiences tell the real story of what it’s like to work with The Estate Lawyers, APC , a team defined by professionalism, compassion, and a relentless pursuit of justice. Every case we take on is personal, and the gratitude of those we help drives everything we do.

“One of the best decisions I made when it comes to my estate portfolio was hiring The Estate Lawyers.”
Ben Ogo

“They did an amazing and outstanding job. I am still amazed at the results and outcome of their diligence and professionalism. Great job, Amy and Michelle , I truly appreciate your hard work and care.”

“If you are looking for fast, reliable, and accurate results, look no more.”
Sergio Mendoza

“Amy and her team are excellent. They formed the special needs trust for my daughter and handled everything flawlessly. After months of delays with another firm, Amy had the trust approved in just one hearing. They were caring, professional, and truly earned my trust.”

“Amy and her staff have exhibited a very high level of professionalism in every aspect of business.”
Jennifer Gómez

“My contentious conservatorship case had dragged on for years until I sought Amy’s help. Within months, we reached two favorable settlements. Amy’s command of the law and her courtroom presence are extraordinary. Her staff is organized, responsive, and thorough.”

“This is a firm with top-notch litigators.”
Daniel Rodriguez

“I have personally met Amy Gostanian and Michelle Bartolic. They are among the best legal minds I’ve encountered , caring, compassionate, and dedicated to achieving results.”

Talk to a California Probate Litigation Attorney Today

When probate turns into a dispute, having the right legal team makes all the difference. At The Estate Lawyers, APC, we provide more than courtroom advocacy , we offer guidance, understanding, and the assurance that your family’s legacy is protected.

Our attorneys have helped countless Californians resolve contested wills, executor disputes, and intricate estate conflicts with professionalism. Regardless of if your case involves millions in assets or a single family home, we bring the same dedication, precision, and compassion to every matter.

Call The Estate Lawyers, APC or contact us online to begin. We’re ready to help you find clarity, restore fairness, and move forward with confidence.

The Estate Lawyers, APC: Here to Guide. Here to Fight. Here for You.

Client Success Stories

Craig Robinson

a year ago

Amy, Michelle and their team are the best of the best. When it comes their field, they are the most qualified, diligent, responsive, empathetic as it gets for a law firm. I would not hesitate to send a family member or any person needing their services, and I could not be more confident in their team!

ICECHIPS5000

a year ago

I don’t trust 90 percent of attorneys forever. I trust Ryan. My issue has been going on for nine years. I finally have traction and intend to prevail. After a court action in the New Year I will hire Ryan for the new actions.

Kady Kley

a week ago

Brittany Guest is the best litigation paralegal in the business! I have had the pleasure of working with her on many cases. She is willing to bend over backwards for her firm and their clients!

Karsyn Construction

a week ago

I had the pleasure of working with Brittney Guest as she helped guide me through my unique and complicated situation. She was extremely thorough and was very quick to respond. I would highly recommend her.

ben ogo

5 months ago

One of the best decisions I made when it comes to my estate portfolio was hiring The Estate Law. The did an amazing and outstanding job, I am still amazed at the results and outcome of their diligence and outstanding deal! Great Job Amy and Michelle, I really appreciate your hardwork and effort!

Brian Robinson

3 months ago

When things aren’t going well, these are the people to turn to. Very strong litigators, and solid advocates for your estate and or probate matter controversies.

Sergio Men

2 years ago

Amy and her team are excellent. They formed the Special needs trust form my daughter and helped us with the administration of it during my daughter’s life. The law firm who we were dealing with the claim of the accident and who we are very grateful with, because of their humbleness and experience in accidents, they did what others firms didn’t even consider trying. After the accident case was settled, we needed a trust to receive the funds on behalf of my daughter and they try to set it up, but after a few hearing with the courthouse they just said, go see Amy, We did, and oh my goodness, they were able to set and get it approved in just one hearing. This is amazing for what I saw in the court room. Some cases NOT HANDLED by Amy, that I was able to hear during the several times we were in the court room with the accident attorney, some cases were already into 2 years and not resolved. When Amy took our case in her hands. Her staff was so professional that in the first try, the trust was approved by the court. In addition, they were very caring and supportive to us during the time of our relationship as client and attorney, and even though our relationship has ended after the passing of our daughter, I know that if in any case I need someone who I can fully trust blindly this is Amy and her team. If you are looking for fast, reliable and a accurate results look no more, Amy and associates is who you are looking for.

Sincerely

Sergio Mendoza

Janet Taylor

2 years ago

I am writing to commend Lauren for the excellent customer service she provided to me. The self-initiative she showed and the prompt, considerate follow-up communications through-out the process were greatly appreciated. She represents an asset to your team and deserves recognition for her professionalism.

Daniel Rodriguez

10 months ago

This is a firm with top-notch litigators. I have personally met Amy Gostanian and Michelle Bartolic. Amy and Michelle are some of the best legal minds I have worked with. Aside from being excellent attorneys, Amy and Michelle are some of the most caring and compassionate people you will meet.

Kylee Modoc

5 years ago

Joe Patton has been a terrific estate planning resource. He’s very knowledgeable and well-versed. He’s a higher-end attorney but he helped us understand the complexities of setting up a revocable trust and took the time to answer all of our questions candidly (and make suggestions surrounding those hypothetical circumstances). My husband and I feel very fortunate to know him and to know now that our affairs are in order should the unthinkable occur. We’d both highly recommend his counsel as we know him to be very hard-working and honest. He’s a good guy!

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Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes

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