At The Estate Lawyers, APC, we represent people dealing with probate litigation matters across Fresno and California.
Since July 2005, our litigation-only firm has handled contested inheritance cases, led by board-certified specialists in estate litigation with Super Lawyers recognition and more than 150+ years of combined courtroom experience.
Probate litigation is the court process for challenging what happened to what your family member left behind. That includes will contests, trust challenges, undue influence claims, lack of capacity claims, and removing an executor or trustee who is hiding records or moving assets.
Time matters here. The California Judicial Council Court Statistics Report 2022-2023 shows the statewide median time to disposition in probate matters exceeds 12 months, with contested cases often running well beyond that. California also sets firm deadlines for filing a will or trust challenge.
If a general attorney told you nothing could be done, understand that most estate lawyers draft documents rather than fight over them in court. Our team litigates these disputes in Fresno Superior Court and statewide, and many cases settle privately without a public trial.
Why Clients Come to The Estate Lawyers in Fresno
We only litigate. That is the whole practice.
The firm handles trust, probate, and elder law disputes exclusively. No document drafting, no general practice. If a general attorney told you nothing could be done, that is often because they do not try these cases in court.
Board-certified specialists in estate litigation
The firm is led by board-certified legal specialists, a formal credential very few attorneys hold. According to the State Bar of California 2023 Annual Report, California has roughly 107,000 active licensed attorneys, making board certification in estate litigation a meaningful distinction.
150+ years of combined courtroom experience
That depth matters in cases built on medical records, witness testimony, and proving that someone pressured your parent into signing. You get a team, not one overloaded solo attorney.
Peer-verified recognition
Attorneys here are recognized by Super Lawyers and rated on AVVO, both independent and publicly searchable.
Real familiarity with Central Valley inheritance disputes
Farm ground, water rights, and family farm entities show up constantly in Central Valley inheritance files, and they are valued and divided very differently than a house. Our attorneys know how Fresno Superior Court probate matters move.
What Our Clients Say About The Estate Lawyers
“Amy and Michelle are some of the most caring and compassionate people you will meet.” Daniel R.
Contested inheritance cases come wrapped in grief, and clients notice when a firm treats that as part of the work.
“They were able to set it up and get it approved in just one hearing… fast, reliable, and accurate results.” Sergio M.
Speed protects options in probate court, especially when assets are moving.
“They answered all my questions and explained different scenarios in easy-to-understand language.” Patricia P.
You should understand your own case, including what a will contest realistically costs and how it could end.
“Administratively… they let nothing fall through the cracks and follow up in a timely manner.” Jennifer G.
Deadlines and records drive these cases, so follow-through is not a small thing.
Can A Probate Litigation Attorney Help If I Believe The Executor Or Trustee Is Mismanaging The Estate?
Yes. If the person managing what your parent left behind is hiding records, selling property quietly, or paying themselves first, California law gives you the right to take that to the probate court and ask a judge to step in.
Executors and trustees owe a legal duty to every beneficiary, not just the one they like. When they break it, the Fresno Superior Court Probate Division can order a full accounting under Probate Code § 17200, suspend the person’s authority, remove them, and hold them personally responsible for money that went missing.
Once real estate is sold or accounts are drained, recovery gets harder and more expensive. A petition filed early can freeze transfers while the court sorts out the facts.
Bring what you have, including texts and dates. Our board-certified specialists litigate these cases only, and when a trust is involved alongside the probate file, we handle both tracks together.
Our Probate Litigation Services in Fresno Clients
- Will contests and challenges
- Trust dispute litigation
- Executor and trustee removal petitions
- Breach of fiduciary duty claims
- Undue influence litigation
- Lack of testamentary capacity claims
- Inheritance dispute representation
- Probate court petition filing
- Beneficiary rights enforcement
- Probate fraud and forgery claims
Here’s the revised section with a more concrete action step at the end:
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsHow Do I Contest a Will That Has Already Been Filed in Fresno Superior Court?
If a will has already been filed with the Fresno County Superior Court, you may still be able to challenge it, but the procedure and deadline depend on whether the court has already admitted the will to probate.
Before the will is admitted, an interested person can generally file a written objection or contest in the existing probate case explaining why the will should not be recognized. Common grounds for a will contest include:
- Lack of testamentary capacity, meaning the person who made the will did not have the required mental capacity when it was signed
- Undue influence, such as when someone improperly pressured the decedent into changing the will
- Fraud or forgery
- Improper execution, including failures to satisfy California’s requirements for signing or witnessing a will
- Revocation, where evidence shows the decedent later canceled or replaced the document
If the will has already been admitted to probate, the deadline becomes especially important. Under California Probate Code § 8270, an interested person generally has 120 days after the will is admitted to probate to petition the court to revoke probate of the will.
About The Estate Lawyers, APC
The Estate Lawyers, APC has been a litigation-only firm since July 2005. No wills drafted, no general practice. Every attorney here spends their working life in courtrooms handling trust, probate, and elder law disputes, including will contests, and undue influence claims.
The firm is led by board-certified specialists in estate litigation with more than 150 years of combined experience across California probate courts, including Fresno Superior Court. Attorneys have been recognized by Super Lawyers and are rated on AVVO.
You will not be handed off to a junior attorney.
Our Probate Litigation Process for Fresno Clients
1. Initial Case Evaluation
We review what happened, read the will or trust, and look at the documents you already have, including texts, letters, and anything your parent said about their plans. You leave knowing whether there is a real claim here.
2. Case Strategy Session
We identify who the parties are, confirm you have legal standing to bring the claim, and decide the strongest position to take. This is also where we talk honestly about cost, timeline, and whether the fight is worth what it will take.
3. Filing And Service
We prepare and file the petition or response in Fresno Superior Court and formally serve the other side. Filing also freezes a lot of movement, which matters when assets are being transferred quickly.
4. Discovery And Evidence Gathering
We take depositions, issue subpoenas, and pull financial and medical records. This is where informal proof, like a caregiver’s sudden control over bank accounts or a doctor’s notes on memory loss, becomes usable evidence.
5. Pre-Trial Motions And Mediation
Many of these cases settle privately through mediation, without a public trial and without a courtroom airing of family business. We push for early resolution whenever the numbers favor it.
6. Trial Representation
When settlement is not possible, we try the case before the Fresno probate bench. Our attorneys are board-certified specialists with more than 150 years of combined litigation experience.
7. Post-Judgment Enforcement Or Appeal
Winning is not the same as being paid. We enforce the judgment, recover assets, and handle an appeal if either side files one.
Frequently Asked Questions About Probate Litigation
What Is The Deadline To Challenge A Trust Or A Will In California?
For a trust, the trustee usually sends a notice under Probate Code section 16061.7, and you have 120 days from that notice to file. For a will, the deadline is typically 120 days after the will is admitted to probate.
What Evidence Actually Proves Undue Influence In A California Probate Case?
Undue influence means someone pressured or manipulated your parent into signing something they would not otherwise have signed. Courts look at four things listed in Welfare and Institutions Code section 15610.70: your parent’s vulnerability, the other person’s power or control, the tactics used (isolation, controlling medications, rushing the signing), and whether the result is wildly out of line with what your parent always said.
My Parent Had Dementia When The Trust Was Changed. Is That Enough On Its Own?
Not by itself, but it is a strong start. Lack of capacity means your parent did not understand what they owned, who their family was, or what the document did at the moment they signed it.
Can An Executor Or Trustee Be Removed In Fresno Probate Court?
Yes. Under Probate Code sections 8502 and 15642, a judge can remove someone who is hiding records, wasting assets, favoring themselves, or refusing to account to the beneficiaries.
Can I Dispute A Trust Without Going Through A Public Trial?
Most of these cases settle. Mediation and private negotiation resolve the large majority of trust and inheritance disputes, often without anyone testifying in open court.
What Does A Probate Litigation Attorney In Fresno Cost?
Fees are typically hourly, though some cases with clear recoverable assets can be handled on a contingency basis, meaning you pay from what is recovered.
A General Estate Attorney Told Me There Was Nothing I Could Do. Should I Get A Second Opinion?
Yes.
How Long Does Probate Litigation Take In Fresno County?
Contested cases commonly run 12 to 24 months from filing to resolution, depending on how much discovery is needed and how full the court calendar is.
What Happens To The Inheritance While The Case Is Pending?
The court can freeze distributions so nothing is handed out until the dispute is resolved.
Local Resources in Fresno for Probate Litigation
- Fresno County Superior Court
The trial court handling decedent estate matters, will contests, and guardianship proceedings for the county. - Fresno County Clerk-Recorder’s Office
Maintains official property deeds, liens, and recorded documents used to trace asset ownership in estate disputes. - Fresno County Probate Division
The specific court department that calendars and supervises estate administration and trust oversight cases. - Fresno County Public Administrator
A county office that steps in to administer estates when no qualified personal representative is available. - Fresno County Public Guardian
Provides court-ordered guardianship and conservatorship services for vulnerable adults and minors. - Fresno County Assessor’s Office
Determines the assessed value of real property, which is often needed to establish estate asset values. - Fresno County Law Library
A public legal research facility stocked with California statutes, case law, and self-help resources. - Fresno Area Estate Planning Council
A professional association of local advisors whose members often interact with disputed estate matters. - Fresno County Human Services Agency
Administers benefits programs and may coordinate with conservatorship cases involving dependent adults. - Internal Revenue Service, Fresno Office
Previously housed a major processing center whose tax records can be relevant to resolving estate tax obligations.
Speak With a Fresno Probate Litigation Attorney Today
If a parent’s will or trust changed in the last weeks of life and the result looks nothing like what you were promised for years, that situation has a legal name and a legal path.
The Estate Lawyers, APC handles only trust, probate, and elder law litigation. No wills to draft, no general practice. If a general attorney told you nothing could be done, get a second read from a firm that does this work every day.
Call us to schedule a confidential consultation and find out whether you have a case. Spanish-language assistance is available.