Also, these states want to maintain the executor’s ability to have protected communication with the attorney. Another small set of states, including California, New Mexico, and Illinois, apply a balancing test. This determines who was the actual intended beneficiary of the attorney-client relationship – the executor or the heirs.
https://www.elderlawanswers.com/who-does-a-probate-attorney-represent-executor-or-heirs-20334