Santa Ana Probate Attorney

Probate Lawyer in Santa Ana

Santa Ana Probate Lawyer

Call Us Today 949.749.5393

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

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Experiencing the death of a close loved one is one of the most painful and complicated situations that a person can go through. While you navigate your grief and changing family dynamic, there are serious legal matters that you have to attend to. Unfortunately, the law does not leave much time or space for families to mourn their loved ones, which is why many people turn to a Santa Ana probate attorney for support.

Probate is a key process that you encounter in the days and weeks following your loved one’s death. This process helps you to settle your loved one’s estate and ensure their final wishes are properly executed.

Most people feel lost when navigating the probate process. The laws in this arena are specific and strict, and it is difficult to go through them on your own. Even if you have a large family to help you, it is important to have an attorney on your side throughout probate. This helps ensure you do everything correctly and that your rights are protected.

Quinn & Dworakowski, LLP: Your Orange County Probate Attorneys

Going through probate can be intimidating and time-consuming. The probate lawyers at Quinn & Dworakowski, LLP, bring over 150 years of combined legal experience. We understand the complexities of probate law and how it shapes the settling of estates in Floral Park, Windsor Village, and elsewhere in Santa Ana. Trust our award-winning legal team to provide you with the guidance and support you need to protect your interests.

What Is Probate Court?

Many people don’t know what probate court involves until they have to navigate it. Estate planning is a complex area of law, and unfortunately, the individuals who must navigate it are usually grieving as they do so.

Probate court is the process by which the government assesses a deceased person’s will to ensure that it is legal and executable. In some cases, probate courts may find that a will is invalid or not authentic. In most cases, however, they simply need to verify the documents and ensure that everything is in order.

During this process, the court also makes sure the deceased’s taxes are up to date and paid. Once their debts are paid, the court then appoints a trustee to oversee the distribution of the deceased’s assets. Many times, the deceased has already named a trustee in their will. When all is in order, the court turns the deceased’s estate over to the trustee, who distributes the assets to the beneficiaries according to the will.

Why Do I Need a Santa Ana Probate Attorney?

Many people believe that they can navigate probate court without legal help. Though this is certainly possible, it is difficult to do so. If you are unfamiliar with the process, potential roadblocks, and legal jargon, it can be tough to navigate probate properly.

It is possible that your loved one worked with an Orange County estate planning attorney before they passed away. This individual helped them get their affairs in order and create a trust or will appropriate to their assets. Though this may have put their estate in a good place, it doesn’t necessarily help you in the aftermath of their death. You still have to navigate the probate process, which is difficult and intimidating.

What an Attorney Can Do

A probate attorney works for you, not for your loved one. We come in to help you with the process following your loved one’s death, so you have a legal advocate working with you during this difficult time. Probate administration and asset distribution are complex, and having an attorney in your corner is immensely helpful.

Finally, it is important to note that distributing your loved one’s assets is not a cut-and-dry process. Family and friends may be upset with what has been left to them or to others, which can lead to fights. Sometimes, the deceased’s will is unclear or needs interpretation when instructions are not explicit. A Santa Ana probate attorney can help with all of this, so you have a resource to depend on when the process becomes difficult.

Probate Executor

The executor of a will has a very difficult job ahead. They are responsible for reading the deceased’s will, interpreting its contents, and ensuring the deceased’s assets are distributed to the correct beneficiaries. Sometimes, a will includes someone who is no longer alive. In other situations, the will is vague about which assets are included in an inheritance.

It is the legal obligation of the executor to determine what action to take that is most in line with the deceased’s mentality and intention. If the family disagrees with the executor, they may argue or otherwise fight back.

When you have a probate attorney on your side, they can help you interpret the will and report your decisions to the family. Having an impartial person to navigate this process often helps to mitigate any fighting or disagreements that may occur. A probate attorney serves as a point of authority in the situation, often helping executors perform their duties properly and efficiently.

Wills Without an Executor

In some situations, the deceased does not name an executor in their will. Or, like two-thirds of Americans, they may not have left a will. However, the will must still go through probate court so that taxes can be deducted. The court then names an executor. In many cases, the court names a person with a certain relationship to the deceased, and they may not be particularly discerning about the person’s capacity or capabilities.

A probate attorney can help to ensure the executor named by the state is appropriate and capable. If there is a better choice, we can help the court to see the details of your situation and name an executor who is truly capable of handling the job.

Probate Without a Will

In some situations, a person dies without making a will. Legally, these people have died “intestate,” and the probate courts become responsible for where a person’s assets should go. Usually, this means the deceased’s assets go to the next of kin. Generally, this is the deceased’s spouse if they are alive and their children if they are not.

This can create significant problems within a family. In some cases, children or deserving beneficiaries do not receive what they are owed because there is no will. The state does not take the time to guess where the deceased’s assets should go. Instead, they all move to the next of kin.

An Orange County probate attorney is especially important in these scenarios. If you do not have legal representation, you may lose out on a significant amount of your inheritance. Additionally, your deceased loved one’s wishes may not be honored.

How Much Does It Cost to Hire a Probate Lawyer in California?

Probate attorneys generally charge a percentage of the estate that they are helping with. The fee structure, according to California law, is as follows:

• 4% of the estate’s first $100,000
• 3% of the following $100,000
• 2% of the following $800,000
• 1% of the following $9,000,000
• 5% of the next $15,000,000

Ultimately, the amount owed to the attorney is in accordance with the size of the estate and, therefore, the complexity of the case. Small estates usually do not see significant roadblocks or issues, while large estates may involve many different people and beneficiaries. It is important to discuss cost with any probate or estate planning attorneys you hire. If you do not have a clear and honest conversation, it is possible for you to lose their help during the probate process.

This can leave you in a vulnerable and confusing position. Because probate attorneys often take a portion of the estate, few people have to pay out of pocket for these services. It simply comes out of whatever inheritance is left to the family. For many families, this is a small price to pay to ensure that they have navigated the process correctly and done everything they can for their loved one.

Why You Should Hire a Probate Attorney

Going through probate without legal representation could be a costly mistake. There were 63,609 probate cases filed in 2024, many of which involved disputes between creditors and beneficiaries. When you hire a probate attorney, you benefit from their years of experience managing complex cases at the Costa Mesa Justice Complex, located at 3390 Harbor Boulevard in Costa Mesa.

A Santa Ana probate lawyer can help you understand California’s probate laws and how they apply to your probate case. Whether you are representing an estate and have concerns about following correct procedures or have a stake in an estate that is going through probate, your attorney can play a crucial role in ensuring that your rights and interests are protected.

FAQs

Q: What Type of Lawyer Handles Probate Matters?

A: Probate matters are typically handled by probate lawyers. Sometimes an estate planning lawyer may also represent clients in probate court. Given that 10% of Santa Ana’s residents are over 60, these cases are commonplace. An experienced probate lawyer can make a significant difference in the timeline and outcome of your case.

Q: Who Needs Representation From a Probate Lawyer?

A: Any party tied to a probate case can benefit from legal representation from a probate lawyer. Representatives of an estate can potentially face liabilities if they do not properly perform their duties. Heirs and beneficiaries can protect their legal claim to part of an estate through legal representation. If you own an estate and wish to set up an estate plan, a probate lawyer can help set up the right tools, like a will and trusts, to meet your goals.

Q: How Long Does the Probate Process Take?

A: The probate process, according to California’s self-help guide, can take anywhere from nine to 18 months on average. Complex cases that involve large estates and disputes could take even longer. Having legal representation can help streamline the process, preventing undue delays in settling an estate and paying creditors and beneficiaries.

Q: What Types of Assets Typically Do Not Go Through Probate?

A: Certain assets can avoid going through probate when they automatically transfer by operation of law or contract. These can include anything held in a trust or jointly owned property. A spouse can automatically inherit a home when the home is community property with the right of survivorship. A probate attorney can review the estate to explain what would or would not have to go through probate.

Contact a Trusted Probate Law Firm Today

If you are going through probate in Santa Ana, the probate lawyers at Quinn & Dworakowski, LLP, stand ready to help you navigate the process. Our law firm was founded to provide the highest quality legal services to clients in Orange County. We can break down the probate process and tailor the right strategy to your case. To start the process, contact our office today so we can learn about your goals and provide you with options.

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