When Probate Becomes a Fight, You Need an Attorney Who Can Take It to Court
What Probate Litigation Actually Covers
Probate disputes take many forms, and the underlying facts matter enormously to how a case is built and argued. We handle the full range of contested probate matters, including:
- Will contests — challenges to the validity of a will based on lack of capacity, undue influence, fraud, or improper execution
- Executor and administrator disputes — removing or surcharging a personal representative who has mismanaged estate assets, failed to account, or acted in self-interest
- Creditor and debt disputes — contesting improper claims against the estate or defending the estate against inflated or fraudulent creditor demands
- Beneficiary disputes — resolving conflicts among heirs over entitlement, distribution timing, or the interpretation of ambiguous will language
- Accounting disputes — challenging or defending a personal representative's financial accounting of the estate
- Property and asset disputes — determining whether specific assets belong to the estate or were legitimately transferred before death
If you're involved in a probate matter that has become — or is about to become — contested, the earlier you engage litigation counsel, the more options you have.
California probate is rarely simple, and when a dispute surfaces — over a will's validity, an executor's conduct, or the distribution of assets — the process shifts from administrative to adversarial. Probate litigation requires an attorney who understands both the procedural rules of the probate court and the strategy of contested litigation. At Potier Law Group, we do both. Our senior partner has handled real property and estate matters since 1996, and our team drafts estate documents and litigates them when they're challenged. You won't be handed off to a different firm when a dispute arises.
Probate Litigation Is Different from Estate Planning — and Most Attorneys Only Do One
Why Probate Disputes Escalate and What to Do Before They Do
Most probate litigation doesn't start with a lawsuit. It starts with a family member who feels excluded, an executor who stops communicating, or a will that surfaces and surprises everyone. By the time a petition is filed, positions have hardened and the cost of resolution has increased significantly.
Early legal involvement matters for two reasons. First, certain deadlines in California probate are strict and jurisdictional — missing them can forfeit rights that cannot be recovered. Second, many disputes can be resolved through negotiation or mediation before the court becomes necessary, but only if the parties engage counsel before the conflict becomes entrenched. We approach every probate dispute with an eye toward the most cost-effective resolution that genuinely serves our client's interests. When negotiation isn't viable, we litigate.
What Sets Potier Law Group Apart in Contested Probate Matters
Probate litigation requires a firm that can operate across both the estate planning and litigation sides of a matter without losing continuity. Several things distinguish how we work:
- Our senior partner has practiced real property and estate law since 1996, with direct experience in estate planning, trust administration, and contested probate proceedings
- We are a team of attorneys and paralegals — not a solo practice — which means your matter has depth behind it without the layered billing structure of a large firm
- Clients speak directly with their attorney. Calls and emails are returned the same day
- We never outsource work to other attorneys — every aspect of your case is handled in-house
- Our firm serves clients throughout Long Beach, Torrance, Lakewood, Cerritos, Seal Beach, and across Orange County, including Huntington Beach, Anaheim, and Mission Viejo
- Our senior partner serves on the Estate Planning Commission of Long Beach, a Board of Directors membership that reflects her standing in this practice area
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Frequently Asked Questions About Probate Litigation in California
What is probate litigation?
Probate litigation refers to contested legal proceedings that arise during the administration of a deceased person's estate. Common disputes include challenges to the validity of a will, allegations of executor misconduct, disagreements among beneficiaries over asset distribution, and challenges to the estate's accounting. These matters are heard in California Superior Court, Probate Division.Probate litigation refers to contested legal proceedings that arise during the administration of a deceased person's estate. Common disputes include challenges to the validity of a will, allegations of executor misconduct, disagreements among beneficiaries over asset distribution, and challenges to the estate's accounting. These matters are heard in California Superior Court, Probate Division.How long does probate litigation take in California?
The timeline depends on the complexity of the dispute and whether the matter resolves through negotiation, mediation, or a full trial. Uncontested probate in California typically takes 9 to 18 months. Contested matters can extend that timeline significantly — some cases resolve in months through settlement, while others proceed to trial over a period of years. Early legal intervention generally improves both the timeline and the outcome.The timeline depends on the complexity of the dispute and whether the matter resolves through negotiation, mediation, or a full trial. Uncontested probate in California typically takes 9 to 18 months. Contested matters can extend that timeline significantly — some cases resolve in months through settlement, while others proceed to trial over a period of years. Early legal intervention generally improves both the timeline and the outcome.Can a will be contested after probate has already started?
Yes, but deadlines apply. In California, a will contest must generally be filed within 120 days of the date the court admits the will to probate. Missing this window can permanently bar a challenge. If you believe a will is invalid or that you have been improperly excluded, contact a probate litigation attorney as soon as possible.Yes, but deadlines apply. In California, a will contest must generally be filed within 120 days of the date the court admits the will to probate. Missing this window can permanently bar a challenge. If you believe a will is invalid or that you have been improperly excluded, contact a probate litigation attorney as soon as possible.What grounds exist to remove an executor in California?
California Probate Code allows a court to remove a personal representative for cause, including failure to account for estate assets, self-dealing, mismanagement, failure to perform required duties, or conduct that is contrary to the interests of the estate and its beneficiaries. A petition for removal must be filed with the probate court and supported by evidence of the misconduct.California Probate Code allows a court to remove a personal representative for cause, including failure to account for estate assets, self-dealing, mismanagement, failure to perform required duties, or conduct that is contrary to the interests of the estate and its beneficiaries. A petition for removal must be filed with the probate court and supported by evidence of the misconduct.Do I need a probate litigation attorney if I'm just a beneficiary?
If you have concerns about how the estate is being administered — whether the executor is communicating, whether assets are being properly accounted for, or whether the distribution you've been told to expect matches what the will actually provides — legal counsel is worth engaging early. Beneficiaries have enforceable rights under California law, and an attorney can help you understand what those rights are and how to act on them before the estate closes.If you have concerns about how the estate is being administered — whether the executor is communicating, whether assets are being properly accounted for, or whether the distribution you've been told to expect matches what the will actually provides — legal counsel is worth engaging early. Beneficiaries have enforceable rights under California law, and an attorney can help you understand what those rights are and how to act on them before the estate closes.
Speak with a Probate Litigation Attorney in Long Beach
Probate disputes are time-sensitive, and the window to act can close without warning. If you're involved in a contested estate matter — or you can see one developing — our team is ready to help you understand your position and your options. Contact Potier Law Group to schedule a consultation. Calls and emails are returned the same day.
Call Potier Law Group:
562-986-9900
You'll hear back from an attorney — not an assistant — the same day.