Sacramento Probate Attorney
Protecting heirs and beneficiaries when a Sacramento probate, trust, or inheritance matter turns into a dispute.
The attorneys on your case
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Mark C. Smith
Principal Attorney & Founder
Berkeley Law · AmLaw Top 50 Firm · Federal Clerk · Combat Veteran
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Nicholas Jacobs
Attorney, Estate Planning
Northwestern California Law
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Seth Steward
Litigation Attorney
GW Law · Harvard Kennedy · Former Prosecutor · Air Force Veteran
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Veteran-Founded & Led
Founded by Mark C. Smith, U.S. Army combat veteran.
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Berkeley Law-Trained
Educated at UC Berkeley School of Law.
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California Statewide
SF · Sacramento · Los Angeles · San Diego.
Losing a parent, spouse, or family member is hard enough. The legal process that follows can become even harder when someone questions a will, delays a distribution, refuses to account, or uses estate property without clear authority.
Probate litigation is the part of probate that deals with disputes. These disputes may involve heirs, beneficiaries, executors, administrators, trustees, creditors, real property, or competing claims to estate assets.
Corcoran Smith Law represents clients in Sacramento probate, trust, and inheritance disputes. We help clients understand the documents, the deadlines, the fiduciary duties, and the options before the matter moves further.
If something feels wrong, do not wait.
Probate disputes often begin before anyone calls them litigation. Information is missing. A delay is not explained. Property is being sold, used, or transferred without clear authority. A document appears that does not match what your loved one said before they passed.
Speak with counsel before you sign a waiver, consent to a distribution, or wait for the problem to resolve itself.
When to speak with a Sacramento probate attorney
Probate disputes can change quickly. A missed objection, incomplete accounting, unexplained transfer, or delayed response can narrow your options before you understand the full estate picture.
You should speak with a lawyer promptly if:
- You received a probate petition, court notice, accounting, or proposed distribution
- You are being asked to sign a waiver, consent, settlement, or release
- An executor, administrator, or trustee is withholding information
- Estate property is being sold, transferred, occupied, or used without clear authority
- You suspect undue influence, fraud, or lack of capacity
- A will, trust, deed, or beneficiary designation does not match what you expected
- A fiduciary is delaying distribution without explanation
- Beneficiaries are being treated unequally
- Another party has hired a lawyer
Early legal review does not always mean filing first. It means understanding your position before someone else’s decision changes it.
Common probate disputes in Sacramento
Probate puts one person in control of estate property while heirs and beneficiaries wait for information, decisions, and distributions. That structure can create conflict quickly when records are incomplete, communication breaks down, or the fiduciary’s decisions appear to favor one person over another.
Common probate litigation issues include:
- Beneficiaries disagreeing over how an inheritance is distributed
- Executors or administrators accused of acting in their own interest
- Missing, incomplete, or delayed accountings
- Estate assets being inventoried or valued incorrectly
- Wills challenged because of undue influence, lack of capacity, fraud, or improper execution
- Disputes over whether property belongs to the estate, a trust, a surviving spouse, or another person
- Creditors making claims against the estate
- Trustees accused of breaching fiduciary duties
- Delays that prevent beneficiaries from receiving property or information
- Disagreements involving real estate, family businesses, or personal property
Not every disagreement requires court action. Some matters can be resolved through document review, a demand for information, an accounting objection, negotiation, or mediation. Others require a petition, objection, injunction, removal request, or other probate court remedy.
How long does probate take?
The timeline depends on the estate, the dispute, the court calendar, and the conduct of the parties.
A straightforward probate can take many months. A contested probate can take longer, especially when there are disputes over the will, fiduciary conduct, estate property, accountings, creditors, or distributions.
Delay can create real harm. Estate property may sit unmanaged. Beneficiaries may be unable to access funds. Real estate may lose value. A fiduciary may continue making decisions while beneficiaries wait for answers.
The best time to speak with counsel is before the dispute becomes harder to control.
What is trust litigation?
Trust litigation involves disputes over the administration, interpretation, or validity of a trust.
Trusts can help families avoid probate, but they do not eliminate every dispute. Beneficiaries may question whether a trustee is following the trust. Family members may dispute whether the person who created the trust had capacity. Someone may allege undue influence. Property may be claimed by both a trust and an estate.
Trust litigation often involves many of the same issues as probate litigation: fiduciary duties, accountings, property transfers, beneficiary rights, and court supervision.
What does a probate attorney do?
A probate attorney helps evaluate whether legal action is necessary and what form that action should take. In a contested probate or trust matter, counsel may help with:
- Reviewing wills, trusts, petitions, notices, deeds, and accountings
- Evaluating beneficiary and heir rights
- Determining whether an executor, administrator, or trustee has breached a fiduciary duty
- Investigating suspicious transfers or missing estate assets
- Objecting to accountings or proposed distributions
- Contesting or defending a will
- Seeking information from a fiduciary
- Protecting estate property while the dispute is pending
- Negotiating or mediating a resolution
- Filing probate court petitions when informal resolution is not enough
- Preparing the matter for hearing or trial when necessary
The goal is not to turn every family disagreement into litigation. The goal is to protect the client’s position and use the right legal tool at the right time.
Sacramento probate and inheritance disputes
Corcoran Smith Law represents clients in probate, trust, and inheritance disputes involving Sacramento families, Sacramento County estates, and California property.
Many estate disputes begin locally but involve beneficiaries, fiduciaries, bank accounts, businesses, or real property in other parts of California. Our Sacramento office gives clients a local point of contact while our practice remains statewide.
We handle matters involving Sacramento, Elk Grove, Folsom, Roseville, Rocklin, Davis, Woodland, El Dorado Hills, Carmichael, Fair Oaks, Rancho Cordova, and surrounding communities.
Why Corcoran Smith Law Corp.
Probate litigation often involves grief, money, family history, and court deadlines at the same time. The lawyer’s role is to bring order to that pressure.
Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.
We approach probate litigation through documents, duties, deadlines, and leverage. We do not treat the process as a shouting match. We identify what matters, what can be proven, and what step should come next.
Client reviews
What our clients say
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Nicholas Jacobs is excellent! He's exceedingly knowledgeable, which gives you instant confidence in his assessments and advice, and what put our family's mind at ease is knowing he's honest to his core. He's a rare combination; Nicholas is everything you could hope for in terms of an exceptionally educated, trusted advisor, and yet his empathy is always forefront. Nicholas has a strong moral compass and has chosen his profession for all the right reasons. He's truly been a life saver, and our family is so grateful to have met him!
Sierra Smart March 2026 · Google
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Had a terrific experience with Nic! Very knowledgeable, professional and personable. Even though he was not able to take our case, due to a heavy work load, he spent time with us and referred us to another attorney who is doing a great job. Can't say enough.
Tom Tickenoff December 2025 · Google
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Mark and Nicholas have been extremely professional, knowledgeable, and helpful throughout our legal matters. Mark assisted us with business related matters, while Nicholas guided us through estate planning and setting up our trust. Both took the time to explain everything clearly and led us in the right direction every step of the way. Their expertise, responsiveness, and attention to detail gave us confidence throughout the process. We highly recommend Mark and Nicholas to anyone seeking trustworthy and experienced legal counsel.
Elegant Auto Sales June 2026 · Google
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Couldn’t be more confident in their work. Return calls/emails quick and put in the effort to make things clear. Feels like they truly care about their clients best interests, even when that means less billable hours for them. Highly recommend.
Matthew Smith June 2026 · Google
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I couldn’t be happier with my experience with this law firm. Everyone I worked with was professional, respectful, and incredibly helpful. They made a stressful situation feel much more manageable and always kept me informed along the way. I truly appreciate the time, effort, and attention they gave to my case. Thank you so much for helping me!
Arianna dixon August 2026 · Google
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Thank you Nicholas Jacobs for your professionalism, attentiveness and commitment to helping us with some legal documentation. If you’re looking for a lawyer who’s articulate, knowledgeable and makes you feel comfortable, look no further! We’re so fortunate we had Nicholas help us navigate our needs every step of the way.
Nagam Jabbar October 2024 · Google
Free download
Know Your Rights as a California Beneficiary
When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.
Probate litigation by location
Inheritance dispute guidance across California
Choose your area for information about local probate courts, common inheritance disputes, and the options available to heirs and beneficiaries.
Talk to a Sacramento probate attorney
A free consultation is the simplest place to start. Tell us what is going on, and we will help you understand where things stand.