Estate planning can feel confusing, especially if you are sorting out wills, trusts, and what happens to your property after you pass. Families in Redlands ask us all the time who handles planning while you are alive, and who steps in after a death.
At Price Law Firm, APC, we have spent years helping local families protect what they built and keep things simple for loved ones. In this article, we break down the roles of estate lawyers and probate lawyers, so you know who to call and when.
Understanding the Role of Estate Lawyers
An estate lawyer helps you create a plan while you are alive. The goal is to direct what happens to your assets, property, and debts after your passing, and to set up support for you if you become incapacitated.
In California, a strong estate plan can also reduce or bypass probate for many assets through tools like a revocable living trust. That saves time and keeps your affairs private.
Services Provided by Estate Lawyers
Estate planning encompasses several key components, and the right mix depends on your goals and family structure.
- Will creation. We draft clear wills that adhere to California law, use plain language, and minimize the risk of disputes later.
- Trust establishment. We set up trusts tailored to your needs, such as living trusts or revocable trusts, so that assets can be transferred outside of probate and with greater control and flexibility.
- Powers of attorney. We prepare documents that enable someone you trust to handle finances or healthcare if you are unable, and we ensure they are valid and complete.
- Tax planning. We review strategies to minimize transfer taxes and maximize the value retained by your beneficiaries under federal and California rules.
- Beneficiary designations. We review retirement accounts and life insurance so designations match your wishes and your other documents.
- Incapacity planning. We create healthcare directives and HIPAA releases, so doctors and family know your choices before a crisis.
Good planning gives your family a clear roadmap. It also helps your future executor and trustee work faster and with fewer headaches.
Understanding the Role of Probate Lawyers
A probate lawyer steps in after someone passes away. Their work centers on moving the estate through the California probate court, paying valid debts, and transferring assets to the right people or charities.
In many California counties, the process includes filing a petition, notifying heirs and creditors, gathering and valuing assets, and then closing the estate with a final report. A probate lawyer helps keep the timeline moving and ensures the executor follows the rules.
Services Provided by Probate Lawyers
Probate tasks can be detailed, and missing steps can significantly slow down the process. Here is what a probate lawyer handles.
- Probate administration. File the will with the court, publish notices, meet court deadlines, and complete the final accounting before distribution.
- Debt settlement. Review claims, verify what is owed, and pay from the estate in the proper order, then close creditor issues.
- Asset inventory and valuation. Locate property, investments, and personal items, then arrange appraisals when needed.
- Beneficiary communication. Share updates with heirs and beneficiaries, explain the timelines, and address any questions about the process.
- Dispute resolution. Address disagreements about the will or distributions, and when required, represent clients in court.
- Intestacy guidance. If there is no will, follow California’s intestacy rules, which may involve community property and the order of next-of-kin.
When a valid trust covers most assets, probate can be minimal. When there is only a will or no plan at all, probate work typically becomes the primary focus.
Key Differences Between Probate and Estate Lawyers
Both roles touch inheritance and family property, yet they help at different points and with various tools. Use the comparison below to determine which role best fits your current situation.
Timing
Estate planning lawyers work with you during your lifetime, often for years before any court involvement. Their work builds a plan that, in many cases, reduces the need for later court steps in California.
Probate lawyers get involved after someone passes away. They focus on the court process, debts, and the final transfer of assets to beneficiaries.
Primary Tasks
Estate lawyers guide you to set up wills, trusts, and decision-maker documents, and they plan for incapacity and taxes. Their job is preventive and forward-looking.
Probate lawyers work with executors to validate the will, settle creditors, and distribute assets under the will or California intestacy law. They also address disputes that may arise.
When questions arise among beneficiaries, a probate lawyer steps in to find solutions or present the case to the judge.
Client Interaction
Estate lawyers meet with you, and often your spouse or partner, to plan distributions, guardianship for minor children, and healthcare wishes. Family members can be involved in that planning if you wish.
Probate lawyers typically work with the court-appointed executor or administrator and keep beneficiaries informed about the progress and timing.
Both roles involve clear communication and a steady hand, just at different stages of the process.
Comparison of Roles
| Category | Estate Lawyer | Probate Lawyer |
| When They Help | During life | After death |
| Main Goal | Build a plan that reflects your wishes | Carry out the plan and close the estate |
| Common Tools | Wills, trusts, powers of attorney, directives | Petitions, notices, inventories, accountings |
| Court Involvement | Usually none | Central to the work |
| Who They Work With | Individuals and families | Executors, administrators, heirs, and creditors |
| California Notes | Trusts often avoid probate and keep matters private | Probate follows California Probate Code timelines |
If you are unsure which path applies right now, a brief call can clarify the situation. Use the quick list below to spot your next step.
- If you want to set up or update a will or living trust, consult an estate lawyer.
- If you are named as executor or a loved one has passed away without a plan, consider consulting a probate lawyer.
- If you are caring for a parent and worry about future capacity, start with estate planning now.
Protect Your Family’s Legacy with Price Law Firm, APC
For over two decades, Sam Price has helped California families in Redlands and beyond protect their homes, businesses, and savings through meticulous estate and probate planning. Every clause, every title, and every signature matters, and our team ensures they all work together to support your loved ones.
Whether you need help creating a trust or navigating probate after a loss, we’re here to simplify the process and bring clarity to every step.
Call 909-328-7000 or visit our “Contact Us” page to schedule your complimentary consultation. We look forward to helping you safeguard what matters most and bring lasting peace to your family.
