Probate

Paley & Prehn, PLC

Probate is the legal process of validating a will and distributing a decedent’s assets under court supervision. It is also required in many cases where the decedent died intestate (without a will).

Probate ensures that debts are settled, taxes are paid, and assets are properly distributed. But it also adds layers of court oversight, deadlines, and procedural requirements that can be confusing for families already coping with loss. Each state has its own rules, and when assets are located in more than one jurisdiction, additional proceedings—known as ancillary probate—may be required.

From handling court filings and creditor claims to coordinating with local counsel and ensuring compliance with state-specific rules, we guide families through every stage of the probate process with clarity and care. We provide comprehensive probate services – from preparing and filing court paperwork to managing creditor claims, fiduciary accountings, tax filings, coordinating ancillary probates, as well as contested matters if disputes arise.

How We Can Help

Our attorneys are licensed in California and the District of Columbia, but whether your probate matter is confined to a single state or involves assets spread across the country – or abroad – our extensive network of trusted colleagues in the U.S. and foreign jurisdictions allows us to provide seamless representation and efficient estate settlement with probate and ancillary probate proceedings across multiple jurisdictions.

• California probate administration – guiding executors and administrators through every stage
• Ancillary probate – coordinating across multiple jurisdictions, domestic and international
• Intestate estates – handling probate when no will exists
• Contested probate – representing families when disputes arise
• Insolvent estates & creditor claims – navigating bankrupt estates and protecting fiduciaries
• Tax matters in probate – delinquent and final returns, estate tax filings, resolution of unpaid tax debts

California Probate

California probate, in particular, is known for being both time-consuming and expensive. Even straightforward estates can take a year or more to complete, and larger or contested estates may last several years. Court calendars are crowded, statutory waiting periods apply, and every filing must comply with strict procedural rules that tend to vary from one county to the next.

In addition, California law requires that probate attorneys and personal representatives be paid according to a statutory fee schedule based on the gross value of the estate—not the net value after debts. This means that estates with significant liabilities may face substantial probate costs. For families with real estate or business holdings in California, probate can quickly become a costly and drawn-out process.

Ancillary Probate

When a decedent owned property outside their state of residence—whether a vacation home in another state or bank accounts abroad—an additional probate proceeding may be required in that jurisdiction. This is called ancillary probate. These proceedings add complexity and cost, but they are often unavoidable in order to transfer title to real property or release financial accounts.

Overseas heirs may also face challenges navigating the U.S. probate system, and getting their inheritance released to them which may also require an estate tax return or IRS transfer certificate clearance.

At Paley & Prehn, PLC we regularly coordinate ancillary probate both nationwide and internationally. By working closely with local counsel, we streamline the process so that our clients don’t have to manage multiple courts, lawyers, and deadlines on their own.

Intestate Succession

When someone dies without a will, their estate is distributed according to the intestacy laws of the state where they lived. These laws dictate which relatives inherit, often in ways that do not reflect what the decedent would have chosen. Probate is still required, and the court must appoint an administrator to manage the estate, identify heirs, and oversee distribution.

We help families navigate intestate estates with clarity and efficiency, ensuring that heirs receive their rightful share while the administrator fulfills all legal duties.

Contested Probate Matters

Not every probate is straightforward. Disputes can arise over the validity of a will, the interpretation of its terms, or the way an executor or trustee administers the estate. Family members, beneficiaries, and creditors may challenge the process, creating delays, and, in some cases, the need for court intervention.

At Paley & Prehn, PLC we handle contested probate matters with the same balance of strategy and care that guides our estate planning and administration work. Whether the issue involves questions of undue influence, capacity, mismanagement, or competing heirship rights, our team is prepared to protect your interests and guide the matter toward resolution. While we strive to resolve disputes efficiently and preserve family relationships whenever possible, we are equally prepared to advocate in court when necessary.  [Learn more about Estate Litigation»]

Bankrupt Estates

Not every estate is solvent. When debts exceed assets, probate becomes significantly more complex. Creditor claims must be prioritized, and distributions to beneficiaries may be reduced or eliminated altogether. California’s strict creditor-priority rules make experienced legal guidance essential in these situations.

Resolution of a Decedent’s Unpaid Tax Debts

Tax obligations can add another layer of complication to probate proceedings. Delinquent income tax returns, fiduciary income tax filings, and – in larger estates – estate tax returns may all be required. Unpaid federal or state tax debts often take priority over other claims, and personal representatives may face personal liability if these obligations are not handled correctly.

As experienced tax attorneys, we at Paley & Prehn are uniquely positioned to manage estates burdened by debts and taxes. We work to protect executors and administrators from unnecessary risk, ensure compliance with tax and probate rules, and guide families through the most efficient resolution possible.

Why Clients Choose Paley & Prehn

At Paley & Prehn, PLC, we understand that probate is rarely just about paperwork—it’s about people. Families are grieving, deadlines are stressful, and court rules can feel overwhelming. We guide you through each step, handling the filings, deadlines, and disputes with clarity and care.

Whether your matter is straightforward or contested, in California alone or across multiple jurisdictions, we provide the legal guidance and support needed to protect fiduciaries, honor the decedent’s wishes, and bring timely closure.