Placentia Probate Lawyer

Probate Attorney in Placentia

Placentia Probate Lawyer

Call Us Today 949.749.5393

Irvine Concourse 2050 Main Street,
Sixth Floor, Suite 600, Irvine, CA 92614

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The probate process can be complex and emotionally charged, so it’s important to have an experienced and reliable estate attorney to guide you through the process. Since probate laws vary by county, it is crucial to hire a Placentia probate lawyer to ensure your hard-earned assets are distributed to their rightful beneficiaries.

Why Trust Quinn & Dworakowski, LLP

The probate lawyers at Quinn & Dworakowski, LLP, represent clients in Old Town Placentia, Kraemer Ranch, and throughout Placentia. Our legal team brings over 150 years of combined courtroom experience. When you secure legal representation from our firm, you gain the support of advocates who share our core values: commitment to excellence, compassion, and dedication to the clients we serve.

What Is Probate in California?

Probate is the legal term for the process of distributing a deceased person’s estate, including all assets and property, to their appropriate beneficiaries. During the probate process, an asset attorney, an executor, the beneficiaries, and the court work together to administer the estate according to the deceased’s wishes. There are many legal implications involved in the probate process, which is why hiring an attorney can be very beneficial.

The Probate Process

The probate process is handled by the executor of the deceased person’s estate. An executor is the person named in a deceased person’s will to distribute their assets. If no executor is named in a will, the court will appoint an administrator to handle all paperwork. This is typically the primary beneficiary or next of kin. The steps of the probate process are as follows:

• Drafting the will and determining the executor. If there is no will, a lawyer can help you draft one. If a will exists, it should name the executor of the estate. The executor hires a probate lawyer to prepare and file a Petition for Probate with their local probate court.
• Notifying loved ones and the public. The next step is notifying both loved ones and the public. Hiring a compassionate lawyer can be helpful in such an emotional situation. The deceased person’s death should also be published in the newspaper so that creditors are aware. The lawyer notifies all parties of the probate hearing.
• The probate hearing. At the probate hearing, the validity of the will is determined. If the will is valid, the court officially appoints the personal representative or executor of the estate outlined in the will.
• Managing the assets. The executor identifies, takes possession of, and manages the estate’s assets. Examples of assets include real estate, bank accounts, automobiles, investments, and so on. The executor should also have the property professionally appraised to ensure the beneficiaries receive fair value.
• Paying taxes and debts. Sometimes, the deceased person owes taxes or has outstanding debts. The executor pays any taxes or debts owed by the deceased before distributing property and other assets. In some cases, the executor must sell assets to pay outstanding debts or taxes.
• Distributing the assets. Once debts and taxes are paid, the executor can distribute the remaining property as the will directs. If there is no will or directive, the court determines the distribution of property. This is an important step for anyone who wants their specific wishes fulfilled once they pass on.
• Close the estate. The estate is formally closed once the assets are distributed. Having a lawyer help you close the estate can help you in the long run.

Given the number of steps, this process can be time-consuming and requires substantial paperwork. Ignoring one step can stall the process and may result in the court determining how your assets are distributed. An experienced and knowledgeable lawyer from Quinn & Dworakowski, LLP, can relieve your stress and walk you through the process.

Is Probate Necessary for Me?

Probate is not necessary in every case. For example, individuals who have smaller estates, meaning they do not own much property, or those who have trusts, will likely not need to go through probate. If you have a large, complex estate, outstanding debts, or owe taxes, probate may be unavoidable. Speak with a Placentia probate lawyer to determine if your estate must go through probate.

The biggest factor in determining if your estate must go through probate is the value of your assets. Be sure to have your property valued and come prepared with all documentation before meeting with your lawyer.

The Length of Time Probate Takes

The time required for probate in California varies. In Placentia, the executor has a year from the date of appointment to complete probate; however, if they file a federal estate tax, this time may be extended. If there are complications in the process, the executor should put it in writing to extend the timeframe.

How Much Does Probate Cost in California?

In California, the cost of probate is set by law as a percentage of the estate. There are also fees to consider when calculating the total cost. Some of the costs and fees are appraisal costs, executor fees, court costs, and legal and accounting fees. It is important to note that not all probate processes go smoothly. If a loved one contests the will, for instance, costly and time-consuming litigation may ensue.

The Importance of Hiring an Attorney

Everyone deserves to have their wishes fulfilled at the time of death. It is not ideal to have your hard-earned assets distributed to anyone other than those listed in your will or for a court to make personal decisions for you. Hiring an attorney can help to ensure your wishes are fulfilled, even when you’re no longer here.

Taxes and Other Considerations

Taxes play a significant role in the probate process. While many people pay their taxes on time, unexpected death can leave some taxes unpaid. Be sure your executor is capable of taking care of this for you. An asset attorney can also help with this process. Additionally, your lawyer can mediate disagreements amongst your loved ones and help your executor avoid mistakes and meet deadlines.

Why You Should Hire a Probate Lawyer

The probate court at 3390 Harbor Boulevard in Costa Mesa can be a busy and unfamiliar environment if you do not hire a probate lawyer. In 2024, California had 63,609 probate court filings and 45,655 cases resolved, many of which required multiple court appearances. When you work with a Placentia probate attorney, you gain the trusted support of an advocate who understands California’s probate laws and how to properly manage your probate case.

If you are representing an estate, your probate attorney can provide crucial guidance and support that can facilitate the probate process and prevent you from facing liabilities. Beneficiaries can also benefit from representation in a city where large assets, like homes, have an average value of $1,071,257. Attorneys understand the local court process and how to protect your rights and interests at every turn.

FAQs

Q: How Long Do You Have to File Probate After a Death in California?

A: Within 30 days after a person dies, the individual who has custody of the decedent’s will must file it with the superior court in the county where the decedent lived. While California does not set a strict deadline to formally open a probate case, delays can create issues with frozen assets, unpaid bills, and property transfers. If no action is taken, interested parties can ask the court to step in.

Q: Can an Estate Be Settled Without Going Through Probate in California?

A: Portions of an estate can pass through probate in California if they are held in a living trust, joint tenancy, or are community property with right of survivorship. In those cases, the asset would transfer automatically. Accounts with named beneficiaries may also pass outside probate. Prior estate planning can greatly reduce the need for going through probate.

Q: What Happens if Probate Is Never Filed in California?

A: If probate is never filed in California, there could be multiple challenges that arise. Assets held solely in the deceased person’s name would remain inaccessible. There is the possibility that homes could not be sold and accounts would remain frozen. This could create problems with paying creditors and meeting tax liabilities.

Q: What Is the First Step After a Will Is Filed With the Probate Court?

A: After a will is filed, the court reviews it and appoints an executor who is either named in the will or chosen when no executor is available. The court then grants the representative authority to access the decedent’s accounts. The representative must also notify the heirs and creditors. Wills play a crucial role in the process, and two-thirds of Americans do not even have this basic estate planning tool in place.

Contact Quinn & Dworakowski, LLP

Going to probate court without legal representation could place your interests at risk. Quinn & Dworakowski, LLP, represents clients in probate court. Whether you are representing an estate or are a party to a probate case, having the steady support of advocates matters. Once can listen to your goals and tailor our strategy accordingly. 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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Quinn & Dworakowski, LLP – Anaheim Hills, CA Office

Irvine Concourse 2050 Main Street, Sixth Floor, Suite 600, Irvine, CA 92614