Short Sale and Loan Modification Expert

Do I Need to Hire a Probate Attorney to Handle the Probate Case if I’m the Personal Representative?

Although the law doesn’t require that you have an attorney, it is almost certainly a good idea to retain a skilled Probate Attorney to handle the legal process involved.  A Probate case is a formal civil court matter and it is subject to an extensive set of laws and court rules that are confusing, complex and sometimes contradictory. (See California’s Probate Code here).

An experienced Probate lawyer will be certain that you meet all deadlines and avoid mistakes, delays and liability for your actions in the Probate case.  Further, a lawyer (or better, a Free Legal Liaison) can sometimes help avoid disagreements among family members over minor or major issues. 

How can a Free Legal Liaison Help Me as the Personal Representative in a Probate Case?

To be clear, the Probate lawyer represents the interests of the personal representative ONLY, not the beneficiaries, heirs or family members.  In fact, the Probate lawyer will not be able to disclose any information to those other interested people due to attorney-client confidentiality.  Therefore, those heirs and family members may become suspicious and untrusting of the lawyer and, possibly, of you as the Personal Representative.  Therefore, it is recommended that you also have a Legal Liaison who is free to discuss all the matters involved with all interested parties including the extended family.

If you need assistance locating a probate attorney or if you need help working through the process even if you already have an attorney, please view information about the Free Legal Liaison Program.

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Attorney Real Estate Expert


LAWYERS REALTY GROUP is an attorney owned and operated real estate brokerage that was formed to help level the playing field between struggling homeowners and the banks who are threatening them with foreclosure, eviction, deficiency judgments, and collection actions.

Unlike traditional real estate agents, loan mod companies, bankruptcy attorneys, litigators and others who aggressively market their particular one-size-fits-all solution regardless of a homeowner’s future liability and financial well-being, Lawyers Realty Group provides clients with a customized analysis of their options, free legal counseling and clear direction on how to best resolve their particular mortgage issues – all without charging fees to the homeowner.

Derik N. Lewis, Esq., is the founder and president of Lawyers Realty Group. Derik is a California real estate attorney and a licensed Realtor® . He graduated magna cum laude from Boston University School of Law and has nearly 30 years of real estate experience. For more than two decades as an attorney in private practice, Derik has represented California homeowners with difficult real estate matters. Derik previously served as legal counsel for some of the world’s largest lenders including Bank of America, Wells Fargo and JPMorgan Chase (he knows how they operate and how to work within their systems to help you achieve the best possible outcome). He is also a visiting lecturer at the University of Southern California School of Law speaking on real estate law, brokerage and litigation.

Professional Associations

  • Admitted to all State and Federal Courts in California
  • California Bar Association
  • Orange County Bar Association
  • National Association of Realtors
  • California Association of Realtors
  • Orange County Association of Realtors
  • California Regional Multiple Listing Service

No Cost Services

Free legal analysis of all of your options, including how to limit or eliminate tax and deficiency liability.

Complete representation for the option that best suits your situation, whether you need assistance in reviewing a loan modification, filing bankruptcy, seeking a deed-in-lieu of foreclosure, pursuing a planned foreclosure or selling in a short sale.

Free Bankruptcy filing in the BK/Short Sale package.

Free legal review and fraud analysis of all solicitations from the bank, real estate agents, lawyers or others.

Free and complete short sale representation including MLS listing, marketing, negotiation, deficiency waivers and closing. You need an Attorney/Realtor® to provide legal leverage and fully protect your interests.

Have Questions?

We are here to answer any questions you have!

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