Probate Attorney in Irvine, CA
When someone dies owning property in their own name, their family often has to go through probate before anything can be transferred or sold. For Irvine families, that case is filed with the Orange County Superior Court, and probate matters are currently heard at the Costa Mesa Justice Complex on Harbor Boulevard. The Soto Law Group guides executors and families through each step, so you can focus on your family while we handle the court requirements.
Learn more about our probate services.
When Is Probate Required in Irvine?
Probate is generally needed when the person who died left assets in their own name, without a trust, a surviving joint owner or a named beneficiary, and those assets are worth more than California’s small-estate limit. In Irvine, a house alone usually puts an estate over that limit.
Some assets pass outside probate, including:
- Assets held in a living trust
- Property held in joint tenancy with a surviving owner
- Life insurance, retirement accounts and bank accounts with a named beneficiary
- Accounts and property with a payable-on-death or transfer-on-death designation
When assets pass to a surviving spouse, a simpler spousal property petition may be enough instead of a full probate case.
The Orange County Probate Process, Step by Step
- Filing the petition. We prepare and file the petition that opens the estate and asks the court to appoint the executor, or an administrator if there is no will.
- Notice. Heirs and beneficiaries receive notice of the hearing, and the notice is published in a local newspaper.
- Appointment. After the hearing, the court issues letters that give the executor legal authority to act for the estate.
- Inventory and appraisal. The executor lists the estate’s assets, and a probate referee appraises those that aren’t cash.
- Creditor claims. Creditors generally have four months after letters are issued to file claims, which the executor reviews and pays or rejects.
- Managing or selling property. Many Irvine estates include a home that has to be maintained, rented or sold. With full authority under the Independent Administration of Estates Act, an executor can often sell without a separate court confirmation hearing.
- Final accounting and distribution. The executor asks the court to approve a final accounting and distribute what remains to the heirs and beneficiaries.
How Long Does Probate Take in Orange County?
A straightforward probate case often takes 12 to 18 months. A real estate sale, a tax issue, a creditor dispute or a family disagreement can make it longer. We keep the case moving by preparing filings carefully, meeting every deadline and responding quickly to any notes the court issues before a hearing.
What Does Probate Cost?
California Probate Code Section 10810 sets the standard attorney fee, and the executor’s commission follows the same schedule. Both are based on the gross value of the estate:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
For example, an estate with a gross value of $1.5 million produces a standard attorney fee of $28,000 and the same amount for the executor. Other costs include the probate referee’s appraisal fee, court filing fees, publication and any required bond. You can estimate the standard fees for an estate with our Probate Calculator.
Serving as Executor When You Live Out of State
Many Irvine families have relatives in other states, and California allows an executor who lives elsewhere. The court can require a nonresident executor to post a bond, even when the will waives one. If the person who died also owned real estate in another state, a separate ancillary probate may be needed there. We help you plan for both.
Frequently Asked Questions About Probate in Irvine
Where is probate handled for an Irvine estate?
In the Orange County Superior Court. Probate matters are currently heard at the Costa Mesa Justice Complex, 3390 Harbor Boulevard, Costa Mesa.
Can the house be sold during probate?
Yes. With full authority under the Independent Administration of Estates Act, the executor can usually sell after giving notice to the heirs and beneficiaries. Otherwise, the sale needs court confirmation.
What happens if there is no will?
California’s intestacy rules decide who inherits, usually starting with the surviving spouse and children. The court appoints an administrator, often a close family member, to handle the estate.
Can probate be avoided next time?
Yes. A funded living trust, beneficiary designations and transfer-on-death tools can keep your own estate out of probate. See our Irvine estate planning page.
Why Work With The Soto Law Group
Attorney Romelia “DeDe” Soto has more than 20 years of legal experience and leads every probate matter with Thomas Roll (Of Counsel) and Associate Attorney Jessica Munoz. Our office near John Wayne Airport is a short drive from Irvine, and we handle the court filings and appearances so you don’t have to.
Related Services in Irvine
Probate in Other Locations
Directions to Our Office From Irvine
Talk With an Irvine Probate Attorney
Call our Newport Beach office at (949) 945-0059 or contact us online to schedule a consultation about an Irvine estate.