When a Lawyer Dies

When a Lawyer Dies

This page provides guidance for clients and family members of a deceased lawyer. 

For lawyers assisting in transferring or closing a practice when a lawyer dies, please see this webpage.

For clients of a deceased lawyer

Losing a lawyer can be a difficult and unexpected situation that can leave you feeling uncertain about your legal matters. It is essential to understand your options following the death of your lawyer.  

Locating your lawyer’s information  

If you can’t reach your lawyer, use our website’s Attorney Search feature. Search by name. If the lawyer is listed as “Inactive” or a status other than “Deceased,” please use the contact information on the attorney’s profile to try contacting their office. If you still cannot get in touch with your lawyer, please call the State Bar at 800-843-9053.

If you know your lawyer is deceased, please call 213-765-1715 and leave a detailed message, including the name of the lawyer.

The State Bar cannot provide legal advice or represent you in any proceeding. However, our staff will check for any information reported to the State Bar concerning the lawyer or law practice. If no information is on file, we may be able to direct you to other resources.

Your rights as a client

  • You are entitled to the return of your material and property.
  • You are entitled to a refund of any unearned fees and costs.
  • You have the right to seek a lawyer of your choosing.

Obtaining your file

Your file's status depends on the deceased lawyer's practice setup. It may be with their firm, the executor of their estate, or a practice administrator. Contact the deceased lawyer's office first. If unavailable, you may want to try reaching out to the building manager or landlord. They may be able to direct you to the person who is winding down the lawyer’s practice.

Your pending legal matters

If you have a pending legal matter that was with your deceased lawyer, you will need to find out if your matter has been transferred to another attorney and if so, who. You may need to contact:

  • The executor of the lawyer's estate. The executor will have been named in the deceased’s will. California law requires the will to be lodged in the county of the decedent’s residence. The filed will is a public record. Many courts have searchable databases you can use to locate a probate court case number and determine the named executor. If there is no will, the probate court will appoint someone to serve as the administrator of the estate.
  • The conservator or guardian of the lawyer.
  • The lawyer's surviving spouse or family member if they are handling the process of winding down the legal practice.

You should reach out to the contacts above as soon as possible. You or your new lawyer may need to contact the court where your matter is pending and the opposing lawyer or party to notify them of the death of your lawyer and seek a continuance of pending matters or deadlines.

Your matter may already have been transferred to another lawyer or firm. This happens when:

  •  Prior arrangements were made.
  • The law practice or firm was sold.
  • Other lawyers were appointed by a California superior court under state laws that govern procedures when a law practice has ceased operations or been abandoned.

You may also be wondering if the work your lawyer did is still valid. You will need to consult with new counsel to answer your case-specific questions. The State Bar cannot provide legal advice or represent you in any proceeding.

Finding new representation

You also have the option to hire a new lawyer. You can continue with another lawyer in the same firm or find new counsel. The State Bar’s Certified Lawyer Referral Services Directory may help you find a new lawyer.

Subject to the deadlines of any pending matter, we encourage you to consult with several lawyers before making your decision. The State Bar’s Need Legal Help webpages can help guide you.

If you receive a notice from the State Bar

In very limited situations, the State Bar may recover files from a deceased attorney's practice or assume a law practice.  The State Bar makes every effort to notify clients with both open and closed matters to help them recover their files.

Notification letters are mailed to clients after due diligence to verify or determine client addresses. The client needs to return the accompanying authorization and copy of identification to arrange for the file's delivery to the client or successor counsel at no cost.

If you receive a notices from the State Bar, use the contact information provided in the letter to direct your questions. The State Bar team completing the proceeding would best be able to service your call.

Return of client fees and funds

If the attorney or the attorney’s estate failed to return money or property that belonged to you, the Client Security Fund may be able to help. Learn more here.

Seeking wills or trusts handled by a deceased attorney?

The State Bar does not routinely maintain records of wills or trusts. There are only certain circumstances in which we may have these records.

Here are tips for locating wills and trust documents:

  • If you are seeking your wills or trust documents that were handled by an attorney who is now deceased, the documents are with the superior court clerk of the county you resided in prior to your attorney’s passing. Many superior courts have searchable databases so that you can locate a probate court case number and determine the named executor.
  • If you are seeking wills or trust documents of a deceased family member whose attorney is also deceased, the will is lodged in the county of the decedent’s residence.
  • If there was no will, the probate court will have appointed someone to serve as the administrator of the lawyer’s estate.
  • Trust documents are not public documents. However, trust documents that cover real property are recorded with the county recorder’s office where the property is located.

If you cannot locate records through the county superior court or county recorder, you may contact the State Bar by submitting a Licensee Records and Compliance Inquiry form. Staff will review available files and records to determine if we have any information relevant to you.

For relatives, friends, and colleagues

The State Bar offers condolences to those affected by the passing of a family member, friend, or colleague who was a licensed attorney in California. Please notify the State Bar by submitting a Licensee Records and Compliance Inquiry form with the lawyer’s name, State Bar number, and either a photocopy of the death certificate or a link to a published obituary. There is no need to provide a certified copy of the death certificate.

If you are trying to handle legal documents: To facilitate the return of client files, please provide any additional information, such as the location of client files and the names of any lawyers who are taking over the deceased lawyer’s law practice or agreed to assist in closing the firm.