Out of State Issues During Probate

Going through probate is hardly ever a pleasant experience. From managing the interests of potential heirs and beneficiaries to understanding the role of the personal representative, there is plenty to consider. For family members residing outside California, or those whose loved one passed outside the state while retaining California property and assets, out of state issues during probate may require support from an experienced probate attorney.

Understanding Out-Of-State Probate Issues by Working With a Probate Lawyer

At Quinn & Dworakowski, LLP, our legal team can simplify the entire process by taking a hands-on, personal approach. By working closely with you and your family, we can answer questions regarding out-of-state probate issues, such as:

• What if the decedent lived outside California, but held property within the state? — We can also help explain complications that stem from the death of a loved one who owned property in California but resided outside the state. We can explain ancillary probate and any complications that may arise in your case.
• What if I live outside California and have been named the personal representative? — We can explain the role of the executor and administrator, any complications that may arise if you live outside the state, and help you throughout the entire probate process.
• What if the decedent composed a will outside California or in a foreign country? — There are specific criteria for establishing the validity of a foreign will in California. We can explain California Probate Code §6113 and how it applies to your situation.

Our award-winning law firm has been recognized by prominent peer-reviewed publications such as Super Lawyers and brings over 100 years of combined legal experience. Our deep roots in Orange County mean that we understand how cases are handled at the Costa Mesa Justice Complex, located at 3390 Harbor Boulevard.

Why You Should Hire a Probate Lawyer in Orange County

When you hire a probate lawyer, you benefit from their understanding of out-of-state challenges. Around 17% of Orange County residents are 65 and older, meaning estates must be settled every year. An attorney who understands probate laws can help your probate case if you face these and other challenges.

• Filing a separate probate case out of state
• Understanding how different state laws apply to inheritance rights
• Working with a personal representatives who live out of state
• Communicating with out-of-state beneficiaries

FAQs

Q: What Are Common Mistakes Executors Make When an Estate Involves Another State?

A: Without legal support, an executor may assume that one probate case covers all assets, even when there is property located in another state. Failing to recognize the need for ancillary probate and overlooking deadlines in other states can lead to complications and setbacks. These are just a few of the reasons why it is crucial to work with an attorney to understand out-of-state probate matters.

Q: How Do Probate Laws Differ From State to State?

A: Different states use varying terminology and laws to govern the settling of estates. For example, the average home value in Orange County is $1,147,210, which can affect whether probate is required under California thresholds. Other states apply different value limits, timelines, and procedures. Differences may also exist in how property is titled.

Q: How Do Time Limits and Deadlines Affect Out-of-State Probate Matters?

A: Each state sets its own deadlines for probate filings, creditor claims, and court notices. When an estate involves property in multiple states, overlapping or conflicting timelines can create delays and other setbacks. Missing a deadline in one jurisdiction can delay estate settlement and require additional court approvals. An experienced lawyer can help you navigate this type of situation.

Q: What Constitutes a Conflict of Interest for an Executor in Multistate Probate?

A: A conflict of interest may arise when an executor has financial interests that differ from the estate or its beneficiaries. One example could be an executor who is seeking to purchase property from the estate. They may favor one jurisdiction over another for reasons of personal convenience. This is why selecting a trustworthy executor is crucial for any estate plan.

Contact Quinn & Dworakowski, LLP, To Speak With an Experienced Probate Attorney

If you are dealing with a complex probate case and need reliable support in Orange County, the probate attorneys at Quinn & Dworakowski, LLP, can help. We proudly serve clients in Woodbridge, Orchard Hills, Laguna Beach, and elsewhere throughout Orange County.

Our award-winning law firm understands the complexities of out-of-state issues and can coordinate with courts and individuals outside California to ensure that estate settlement is not delayed by those challenges. Contact our office today to schedule your consultation.

Client Testimonials

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“I cannot say enough superlatives about the lawyers at Quinn & Dworakowski. David Dworakowski is a gifted trial attorney. I was amazed at his skill in my trial and he ran circles around my ex husband’s lawyer. If you are looking for a tenacious attorney who cares only about his client this guy is the attorney for you!
Thank you Quinn and Dworakowski.”
— Aria P.

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“High praise for Quinn 5 stars+++
We have been working with Quinn for the past year and he is outstanding! All of our questions have been answered all of our Issues have been Resolved in our favor! I was referred to Quinn by an acquaintance and I am grateful to her forever! He is understanding, kind, wise, a great communicator, and most importantly got my family everything we asked for and more! We are thrilled with the results working with him and his firm. I strongly recommend hiring Quinn and his firm to represent you if you want success, expert counsel and someone you can trust.”
— Sandy L

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