Probate Lawyer

Senior Citizen Lawyer handles all aspects of probate, from cataloging assets to distributing property.

California Probate Lawyer

Probate is a long legal process, often lasting over a year. You must follow legal regulations, fill out the appropriate forms, and attend scheduled court dates. While some estates easily move through probate, others face tax disputes, questions about the will, financial problems, and heavy debt. You could also experience a probate dispute or need a guardianship for a minor who has inherited property. Without proper legal guidance, the estate could end up stuck in probate for years, and your decedent’s last wishes might not be honored.

R. Dustin McFarlane is an experienced probate lawyer. He will guide you through the process, ensuring that you meet your legal obligations, settle the estate’s debt, and finally honor your loved one’s wishes. Instead of attempting to navigate the process yourself, contact Senior Citizen Lawyer for help.

Assets Not Subject to Probate

Some assets aren’t subject to probate in California. If you leave any such assets to your beneficiaries, they will receive them immediately upon your death.

  • All assets in revocable and irrevocable trusts
  • Jointly owned assets
  • Life insurance and other benefits that name a beneficiary
  • Payable on Death assets
  • Assets automatically passed to the spouse
California Estate Planning Lawyer | (916) 963-9968 Probate Lawyer


  • Free Consultation – Find out how Senior Citizen Lawyer can help you with your estate plan during a free phone, Zoom, or in-person consultation.
  • Flat-Fee Billing – Call, email, or visit as much as you want without paying more with flat-fee billing.
  • 100% Guarantee – Senior Citizen Lawyer is confident that you’ll be pleased with our legal services. We will provide a free 12-month subscription to our online “Doc Locker” and donate $100 to your charity of choice if you aren’t satisfied.
  • Focused Service – R. Dustin MacFarlane and the team at Senior Citizen Lawyer have dedicated their careers to helping California seniors with their legal needs. As they are senior law specialists, you will get the expert service you need. 
  • Empathetic and Knowledgeable – R. Dustin MacFarlane follows his calling to help California seniors by providing compassionate legal counsel for some of life’s most difficult decisions.
  • Family Legacy Strategy Sessions – Save time and money with a 60-minute Family Legacy Strategy Session to go over your estate planning options.

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Probate is a complicated process that consists of various components. First, the family must file a petition to probate the will, and then the court appoints someone to handle the estate’s affairs. This person is referred to as the executor. Next, the probate court publishes notices to the decedent’s creditors. Once the creditors are notified, the executor conducts an inventory and appraisal of the estate. Debts are paid next, and finally, the assets are distributed, and the estate is closed. Due to the complexity, most people prefer to navigate the process with probate attorneys by their side. The attorney will work with the executor to ensure the probate process runs smoothly.


Probate attorneys can handle all aspects of probate for you. These include listing all the property and assets, paying the debts and taxes, and collecting funds owed to the deceased. The attorney can also settle disputes for the estate, handle claims from creditors, and file tax returns. Then, when it’s time for the assets to pass through probate, the probate lawyer can distribute the property to the legal heirs.


If an estate goes through probate, the proceedings are available and open to the public. If you want to keep your affairs private, you can use a living will instead. A living will allow you to distribute your assets without going through probate, keeping the proceedings private. Senior Citizen Lawyer will go over the benefits of a will and trust during your Family Legacy Strategy Session. Then, you can determine which path you want to take when creating your estate plan.


Estates that are worth less than $150,000 do not have to go through probate. However, you must file a Small Estate Affidavit to avoid probate. This affidavit must be signed under oath and has to include real estate property. If the estate meets the requirements, the assets can be passed onto the beneficiaries without probate. If you’re unsure if your estate will need to go through probate, Senior Citizen Lawyer can examine your case and provide legal guidance.

Our Law Office is conveniently located at 9701 Fair Oaks Boulevard, Fair Oaks, California 95628, US