

A revocable living trust is designed to pass your property to your beneficiaries privately and efficiently, helping avoid costly probate while keeping you in full control during your lifetime.
As a Santa Ana Revocable Living Trust Lawyer and Enrolled Agent, Sophy Han heads the estate planning team at Quinn & Dworakowski, LLP, working with families to structure and fund trusts that protect their homes and address tax considerations for their heirs.
Reach out today to schedule a consultation with a trusted Santa Ana estate planning lawyer and discover how a custom trust can support your estate goals.
| Enrolled Agent Authorized Before the IRS | Mandarin & Korean Spoken | 5.0-Star Google Rating | 150+ Years Combined Experience |
Families usually come to us for one or more of these reasons:
California sets probate fees by law, and they come out of the estate before your heirs receive anything. Under California Probate Code § 10810, the estate’s attorney receives 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000. These are the fees for routine work. The court can approve more for extra work, like a lawsuit or a home sale. The executor is entitled to the same amount, though family members who serve as executor sometimes choose to waive it
The fee is based on gross value, so the mortgage on your house does not lower it. Certain smaller California estates can bypass full probate. For deaths on or after April 1, 2025, a home valued at $750,000 or less may qualify for a simplified court petition, while other personal property up to $208,850 can often transfer via a small estate affidavit. However, a funded trust avoids probate entirely for any asset it holds, regardless of value.
Probate is a public court process that can delay asset access. A funded trust keeps your affairs private and allows your chosen successor trustee to step in if you become incapacitated, helping your family avoid a court-appointed conservatorship.
A trust controls only what is titled in its name. A house that stays in your personal name can still end up in probate, even with a signed trust sitting in a drawer. For real estate, that means recording a new deed with the Orange County Clerk-Recorder, whose main office sits at County Administration South, 601 N. Ross Street, in the Santa Ana Civic Center. We can prepare that deed and coordinate the recording as part of your plan.
Bank and brokerage accounts get retitled, business interests get assigned, and retirement accounts and life insurance usually stay in your name with beneficiary designations that match the trust. Funding is a common weak spot in do-it-yourself trusts, so we go through each asset with you and mark which ones need a new title before your plan is finished.
The cost depends on what you own and how your family is set up. A single homeowner with a few accounts needs less work than a couple with a business, rental property, or children from earlier marriages, and we explain the fee before drafting begins.
Usually, yes. Under California Probate Code § 15400, a trust made under California law can be changed or canceled unless the document says it cannot. You need to follow any method the trust spells out, and you need the mental capacity to make the change. For married couples, part of a joint trust may become locked after the first spouse dies. We suggest a review after a marriage, divorce, birth, death, or major sale.
Orange County probate cases are heard at the Costa Mesa Justice Complex at 3390 Harbor Boulevard in Costa Mesa. They moved there from the Central Justice Center in Santa Ana on May 1, 2023. Assets held in a funded trust generally stay out of that process.
Not by itself during your lifetime, because the IRS still treats the trust’s assets as yours. For married couples and larger estates, the planning built into the trust, such as bypass and marital trust provisions and a DSUE election after the first spouse dies, can protect more of the estate from tax later.
If your question is not on this list, send it with your consultation request and we will answer it when we meet.
Setting up a properly funded trust today can save your loved ones significant time and money in probate fees, while keeping you in full control of your estate. Contact Quinn & Dworakowski, LLP today to schedule a consultation with Sophy Han and our estate planning team.