Can I go through probate without an attorney in California?

Technically, yes — you can go through probate in California without hiring an attorney. The law does not require you to be represented by counsel when filing a probate case. However, probate is one of the most paperwork-heavy and procedurally complex areas of California law, and even small mistakes can cause significant delays or additional costs.

I. What Makes Probate Challenging: The probate process involves a series of formal court filings, strict deadlines, and detailed legal notices that must be sent to heirs, beneficiaries, and creditors. You’ll also need to:

1.       Prepare and file an initial petition to open probate

2.       Notify all interested parties as required by law

3.       Inventory and appraise estate assets with the help of a court-appointed referee

4.       Manage and account for all income, expenses, and creditor claims

5.       Obtain court approval before distributing or selling certain assets

6.       File a final accounting and petition for distribution

Even for relatively straightforward estates, the process can be confusing and time-consuming for those unfamiliar with probate procedures or court requirements.

II. Why Most Executors Hire Attorneys: Because of the complexity, most executors (personal representatives) choose to work with a probate attorney. The attorney’s fees are set by California Probate Code §10810 and are paid out of the estate—not personally by the executor. This means hiring counsel does not reduce what the executor personally receives, and it can greatly reduce the risk of errors, delays, or disputes.

III. Bottom Line: While you can represent yourself, working with an experienced probate attorney can save time, prevent costly mistakes, and ensure the process complies with all court and tax requirements. In many cases, having counsel actually helps close the estate faster and with fewer complications.