# Inheritance Attorney in California: What I Do and What I Refer Out

> What an inheritance attorney does in California for trustees, executors and beneficiaries, what I take, what I refer to litigation counsel, and the clocks.

Source: https://ridleylawoffices.com/inheritance-attorney-california/

**Short answer –**An inheritance attorney helps the person who has to handle an estate, or the person who is waiting on one. For a trustee or executor, that means running the trust administration or probate. For a beneficiary, it means getting the notice, the trust copy and the accounting the law entitles you to, negotiating when the family disagrees, and filing a petition when the trustee won’t respond. My work for beneficiaries is trust administration and negotiated resolution, and a petition to the probate court when talking doesn’t settle it. Will and trust contests, and anything headed to trial, I refer to litigation counsel. A beneficiary who wants to contest a trust has a clock that runs while they decide, 120 days from service of the trustee’s notification, or 60 days after a copy of the trust is delivered during that period if later (Prob. Code, § 16061.8).

By Eric Ridley, attorney, Ridley Law. Updated October 2026.

People look for an inheritance attorney from three different seats. Some are the trustee or executor and have a job they never asked for. Some are beneficiaries who haven’t heard anything. Some think the will or trust is wrong and want to fight it. The right lawyer is different for each, and this page says which of those I take. Ridley Law was established in 2010, and my work on the inheritance side is described in [trust administration](https://ridleylawoffices.com/trust-administration/) and [probate](https://ridleylawoffices.com/probate/).

## Which seat you’re in decides what you need

The first question is whether you’re trying to run an estate, get information from the person running it, or overturn it. It sorts the other questions.

My work for beneficiaries is trust administration and negotiated resolution, and a petition to the probate court when talking doesn’t settle it. Will and trust contests, and anything headed to trial, I refer to litigation counsel. If the answer to the first question is yes, I’m not the right lawyer, and the deadline in Prob. Code, § 16061.8, covered below, is the date to find out first so you can retain one in time. [Trust and probate litigation in California](https://ridleylawoffices.com/trust-and-probate-litigation-california/) explains how those cases work.

### If you’re the trustee or executor

Your first deadline is a notice. When a revocable trust becomes irrevocable at a settlor’s death, the trustee serves a notification on each beneficiary and each heir of the deceased settlor not later than 60 days after the trust becomes irrevocable at the settlor’s death, or 60 days after the trustee learns of a beneficiary or heir it didn’t know about (Prob. Code, § 16061.7(a), (b), (f)). It has to name the settlor and trust date, give the trustee’s name, address and phone number and the location where the trust is administered, and tell the recipient they can ask for a true and complete copy of the trust’s terms (§ 16061.7(g)). It also has to carry a boldface warning about the 120-day contest period (§ 16061.7(h)). A settlor can’t waive the notice requirement in the trust document (§ 16061.7(i)).

After that, the trustee has a continuing duty to keep beneficiaries reasonably informed (Prob. Code, § 16060) and to account at least annually to each beneficiary who is entitled to current distributions (Prob. Code, § 16062(a), subject to § 16064). A beneficiary dispute can start with a trustee who treats those duties as optional. For a trustee, the notice, the account and the creditor claims are the first items on the list. See [the successor trustee’s first 90 days](https://ridleylawoffices.com/guides/trustee-90-days/) and [what an executor cannot do](https://ridleylawoffices.com/guides/what-an-executor-cannot-do/) for how that plays out.

For probate, the attorney’s fee is set by statute. The schedule is 4% of the first $100,000, 3% of the next $100,000 and 2% of the next $800,000, with lower percentages above $1,000,000, based on the value of the estate the personal representative accounts for (Prob. Code, § 10810). On a probate estate with $1,000,000 of appraised property in the inventory, that works out to $23,000 for ordinary services. See [the probate fee calculator](https://ridleylawoffices.com/probate-calculator/). That schedule applies to the attorney for a personal representative, so it doesn’t set the cost of a trust administration, which [what trust administration costs](https://ridleylawoffices.com/what-trust-administration-costs-california/) covers.

### If you’re a beneficiary

A beneficiary’s rights are mostly rights to information. A beneficiary is entitled to be kept reasonably informed (Prob. Code, § 16060), to an annual account if distributions are currently due or discretionary (§ 16062(a)), and, after a revocable trust becomes irrevocable, to a copy of the terms on request (§ 16061.7(g)). A written request is the first step. If the trustee doesn’t respond, a beneficiary can petition the court. A trustee or beneficiary may petition about the internal affairs of a trust, including to compel the trustee to provide a copy of the trust, to provide information about the trust if the trustee failed to provide it within 60 days after a reasonable written request and the beneficiary hasn’t received it in the previous six months, or to account if the trustee failed to submit a requested account within 60 days after a written request and no account has been made within the previous six months (Prob. Code, § 17200(a), (b)(7)).

The same statute lists the other things a petition can do. It can review the trustee’s compensation, remove or appoint a trustee, and compel redress of a breach of trust (§ 17200(b)(9), (10), (12)). Grounds for removal include a breach of trust, a trustee who fails or declines to act, and compensation that’s excessive under the circumstances (Prob. Code, § 15642(b)). When a trustee commits or threatens a breach, a beneficiary can ask the court to compel the trustee to perform, enjoin the trustee, require payment to redress the breach, or remove the trustee, among other remedies (Prob. Code, § 16420(a)). Which petition fits depends on what the trustee is doing, and a clear written demand should come first. See [your rights as a beneficiary in California](https://ridleylawoffices.com/beneficiary-rights-california-trust/), [the copy of the trust and the 120-day notice](https://ridleylawoffices.com/copy-of-trust-120-day-notice-california/) and [trustee breach of fiduciary duty](https://ridleylawoffices.com/trustee-breach-of-fiduciary-duty-california/).

Family disagreement is a separate problem. When siblings disagree about a house, an accounting or a distribution, negotiated resolution comes first, and that’s the work I do for beneficiaries. I can’t promise how a negotiation or a petition will end. If it doesn’t resolve, [trust distribution disputes among beneficiaries](https://ridleylawoffices.com/trust-distribution-disputes-california/) covers where the court gets involved.

### If you think the will or trust is wrong

A trust contest has a short deadline. A person served with the trustee’s notification can’t bring an action to contest the trust more than 120 days after service, or 60 days after a copy of the trust is delivered during that 120-day period, whichever is later (Prob. Code, § 16061.8). The statute applies whether the notice is served within the 60-day period or after it. If you’re in that position, the first steps are to confirm the service date, collect the documents and contact litigation counsel quickly. See [how long you have to contest a trust](https://ridleylawoffices.com/statute-of-limitations-trust-contest-california/).

## What I take and what I refer out

| Your situation | What I do | What I refer to litigation counsel | Authority |
| --- | --- | --- | --- |
| You’re the trustee of a trust that has become irrevocable | Serve the notification, inventory, notify creditors, account, distribute | Disputes over validity of the trust | Prob. Code, §§ 16060, 16061.7, 16062 |
| You’re the executor of a probate estate | Petition for probate, administer, and bill at the statutory fee | A will contest filed against the estate | Prob. Code, § 10810 |
| You’re a beneficiary and the trustee isn’t responding | Written request, negotiation, a petition to the probate court if talking doesn’t settle it | A matter that is headed to trial | Prob. Code, §§ 17200, 15642, 16420 |
| You’re a beneficiary and the family disagrees | Negotiated resolution among beneficiaries | A contested case that is headed to trial | Prob. Code, § 17200 |
| You want to contest a will or trust | Referral to litigation counsel. The date of service is the first fact to confirm | The contest itself | Prob. Code, § 16061.8 |

## When you don’t need an inheritance attorney

You may not need one yet if you’re a beneficiary of an administration that’s moving, the trustee gave you the notification and a copy of the trust, and the accounts arrive on time. A lawyer’s job in that situation is to read what you’ve been sent and tell you it’s normal. A single review can be enough. [Do you need a lawyer for trust administration](https://ridleylawoffices.com/do-i-need-a-lawyer-for-trust-administration-california/) goes through when a trustee can handle the work alone.

If you’re an heir who hasn’t been told anything, the 60-day notice is the first thing to look for. If 60 days have passed and you haven’t received it, that’s worth a written request.

If you want to talk through where you stand, the first call is free and runs 30 minutes. [My contact page](https://ridleylawoffices.com/contact-us/) has the ways to reach me. Bring the notification, the trust or will, and any account you’ve received.

## Frequently asked questions

### What does an inheritance attorney do?

An inheritance attorney helps with the legal side of receiving or managing an inheritance. For a trustee or executor, that means administering the trust or probate estate. For a beneficiary, it means requesting the notice, the trust terms and the account, negotiating with the trustee or other beneficiaries, and petitioning the probate court when needed. Some inheritance attorneys also litigate contests. I refer will and trust contests to litigation counsel.

### Do I need a lawyer to receive my inheritance?

Not always. If the trustee or executor gives you the notification, a copy of the trust or will, and regular accounts, and the administration is moving, you may not need one. A lawyer becomes useful when the trustee stops responding, when you have to decide whether to sign a receipt or release, or when family members disagree about distributions or a house. A single review of what you’ve received can be enough.

### Do you handle will and trust contests?

My work for beneficiaries is trust administration and negotiated resolution, and a petition to the probate court when talking doesn’t settle it. Will and trust contests, and anything headed to trial, I refer to litigation counsel. If you’re considering a contest, the deadline in Prob. Code, § 16061.8 is the first date to confirm, and litigation counsel is who to call.

### How long does a beneficiary have to contest a trust in California?

A person served with the trustee’s notification can’t bring an action to contest the trust more than 120 days after service, or 60 days after a copy of the trust is delivered to them during that 120-day period, whichever is later (Prob. Code, § 16061.8). The clock runs even if the notification was served late. If you’re weighing a contest, get the service date and talk to litigation counsel right away.

### What can I do if a trustee won’t give me information?

Ask in writing for the information or account. If the trustee doesn’t provide requested information within 60 days after a reasonable written request (and you haven’t received it in the previous six months), or doesn’t submit a requested account within 60 days and none was made in the previous six months, a beneficiary can petition the court to compel it (Prob. Code, § 17200(b)(7)). A petition can also ask the court to review the trustee’s compensation or remove the trustee in the right case.

### How much does a probate attorney charge in California?

In probate, the attorney’s fee for ordinary services is set by statute. It is 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000 and one-half of 1% of the next $15,000,000, based on the value of the property the personal representative accounts for (Prob. Code, § 10810). On $1,000,000 of appraised property that comes to $23,000. The court decides a reasonable amount above $25,000,000.

### Can an inheritance attorney help when siblings disagree?

Yes, within limits. My work for beneficiaries is negotiated resolution and, when talking doesn’t settle it, a petition to the probate court. I can’t promise how a disagreement will end, and a family that is already contesting a will or trust needs litigation counsel. Some disputes over a house, an accounting or a distribution can be resolved by an exchange of information and a negotiated agreement.

This page is general information about California law as of its update date. It isn’t legal, tax, or investment advice for your situation, and reading it doesn’t create an attorney-client relationship. It doesn’t promise any result in any matter.

**Related reading:** [your rights as a beneficiary](https://ridleylawoffices.com/beneficiary-rights-california-trust/); [trust administration](https://ridleylawoffices.com/trust-administration/); [probate](https://ridleylawoffices.com/probate/); [trust and probate litigation](https://ridleylawoffices.com/trust-and-probate-litigation-california/).

Sources

- [California Legislature, Probate Code § 16060](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16060), [§ 16061.7](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.7), [§ 16061.8](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.8), [§ 16062](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16062), [§ 16420](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16420), [§ 15642](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=15642), [§ 17200](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=17200), [§ 10810](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=10810) (current, accessed October 2026)