Do you need probate if there is a will? If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate. I'm looking for the best Irvine Probate Attorney to help me in the 92606 area, can you help? Yes, definitely, Irvine Probate Law has a great probate attorney to help you there.