Probate Attorney in Newport Beach, CA
When a Newport Beach resident dies owning a home, a boat or accounts in their own name, the family usually needs probate before that property can be sold or retitled. Those cases are handled by the Orange County Superior Court, with probate hearings currently held at the Costa Mesa Justice Complex on Harbor Boulevard. Working from our Newport Beach office, The Soto Law Group guides executors and administrators through the petitions, notices, hearings and deadlines so the estate keeps moving.
Learn more about our probate services.
Probate for a Home Near the Water
Real estate is usually what puts a Newport Beach estate into probate. A house on the Balboa Peninsula, in Corona del Mar or in Newport Coast that was never placed in a trust generally can’t be sold or transferred until the court appoints a personal representative. While the case is open, the executor has to keep the property insured, maintained and secure, and choose among selling, renting or holding it for distribution. If the court grants full authority under the Independent Administration of Estates Act, the house can often be sold once the heirs and beneficiaries receive notice of the proposed sale, with no separate confirmation hearing. We also work with the probate referee on the appraisal, which deserves extra attention for a waterfront or one-of-a-kind property.
Boats, Vehicles and Personal Property
Probate covers more than the house. A boat titled in the decedent’s name, cars, art, jewelry and household furnishings are all part of the estate and belong on the inventory. A boat kept in the harbor keeps costing money for insurance, upkeep and its slip or mooring, so executors often decide early whether to sell it. We help list these items, arrange valuations and handle a sale or a distribution to the heirs.
Executors and Heirs Who Live Outside California
The person named as executor of a Newport Beach estate may live far away. California lets a nonresident serve, but the judge may still order a bond for an out-of-state executor even if the will says no bond is required. We handle the filings and attend the hearings, and local agents, appraisers and property managers can look after the house, so the executor doesn’t need to be here for every step. If the decedent also owned real estate in another state, an ancillary probate may be needed there, and we help coordinate it with the Orange County case.
Probate Fees on a Higher-Value Estate
The standard fees in a California probate come from Probate Code Section 10810, and the executor’s commission uses the same percentages. Each is figured on the estate’s gross value, with no reduction for a mortgage: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million. For an estate with a gross value of $3,000,000, that comes to a standard fee of $43,000 for the attorney and $43,000 for the executor. Court filing fees, newspaper publication, the referee’s appraisal fee and any bond are additional. Our Probate Calculator gives an estimate for a specific estate.
Frequently Asked Questions About Probate in Newport Beach
How long does probate take for a Newport Beach estate?
Many uncomplicated cases wrap up in 12 to 18 months. Selling a home, resolving a creditor’s claim or working through a disagreement among heirs can add time.
Do I have to go to court if I'm the executor?
Usually not for routine hearings. We appear for you, and an executor who has an attorney often doesn’t need to attend in person. We’ll tell you ahead of time if the court wants you there.
Can a surviving spouse avoid probate?
Often, yes. Property going to a surviving spouse can frequently pass through a spousal property petition, a simpler court filing than a full probate, even if the home was never placed in a trust.
How do creditors make claims against the estate?
After letters are issued, creditors generally have four months to file claims. The executor reviews each one and either pays it or rejects it.
Why Work With The Soto Law Group
We are a Newport Beach firm, and attorney Romelia “DeDe” Soto has more than 20 years of legal experience. She handles probate matters with Thomas Roll (Of Counsel) and Associate Attorney Jessica Munoz, and we keep executors informed at each stage, whether they live down the street or across the country.
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Call (949) 945-0059 or contact us online to discuss an estate you need to settle.