When Do You Need an Orange County Probate Litigation Attorney?


Probate is the legal process by which an individual’s legal and financial affairs are wound up after their death. Probated estates do not always yield lawsuits, but if there is any chance that one may arise, such as a challenge to the decedent’s will or trust, it’s advisable that you contact an Orange County probate litigation attorney.

In Orange County, probate administration is handled by the Superior Court of Orange County. The appointment of an executor, executrix, or personal representative of the estate, obtaining letters testamentary, preparing an inventory and appraisal of the estate, paying creditors and costs of administration, and final distribution of assets are overseen by a judge.

The named executor in the will must file a petition with the court along with the last will and testament, requesting that they be appointed to administer the decedent’s estate. Prior to appointment, notice of the petition is published in local Orange County newspapers, and all heirs and relatives, and beneficiaries are notified of the hearing date. Typically, contests to the will or objections to the petition must be filed on or before the hearing date. Furthermore, the proper procedure must be followed in order for the objection to be recognized by the court. Will contests can be initiated by individuals regardless if they were named in the will, but they must have valid standing (i.e. if you were disinherited from the will, but would have received inheritance if no will existed) and reason for contesting the will. Grounds for contesting a will include fraud, duress, mistake, lack of mental capacity of the testator at the time the will or trust was signed, undue influence or errors made while preparing the will such as by not following the required formalities of California Probate Law requiring strict compliance as to execution and witnessing of the will.

Because probate matters vary widely in their specifics, it’s best to choose an attorney who has substantial experience with probate litigation. Gregory W. Cabo has been a practicing Orange County probate litigation lawyer for over a decade and can advise you a number of probate matters as well as assert your best interests in court, if necessary. Gregory will work closely with you so you can assess your options, anticipate your legal costs and attorney fees and make informed decisions.

For a free phone consultation with Gregory W. Cabo, Orange County probate litigation attorney, call (714) 771-2227.

Complimentary Case Assessment


Fill out the form below for a complimentary consultation:

* Required fields.

BY SUBMITTING THIS FORM I AM STATING THAT I HAVE READ & AGREE WITH THE DISCLAIMER »

DISCLAIMER: The content of this website is intended to convey general information to facilitate recognition of possible legal issues affecting your life. The content of this website is not personal legal advise and should not be relied upon. For legal guidance concerning your individual matter, it is essential for you to consult with an attorney to discuss your objectives, your specific situation and applicable California Law.

Communication with this law office through the web-site does not establish an attorney-client relationship, does not create an agreement for this law office to represent you nor does it express a guarantee of any result in your matter. This law office is under no obligation to render services to you or otherwise investigate your matter for you. Confidential and personal information should not be sent through this web-site.

Further, information provided through this web-site is not confidential and may be disclosed. It is also important for you to know that every legal matter has deadlines. Failure to meet those deadlines may have severe financial or other consequences and can cause you to lose your rights to pursue or defend your matter in court. Because there may be critical deadlines in your matter, you should take steps to immediately consult with an attorney to obtain specific legal advise regarding your case.