Probate Attorney in Anaheim, CA
After a death, property the person held in their name alone, with no trust, co-owner or named beneficiary, may have to go through probate before the family can sell it or divide it. An Anaheim estate is probated in the Orange County Superior Court, and probate matters are currently heard at the Costa Mesa Justice Complex, 3390 Harbor Boulevard. The Soto Law Group represents executors, administrators and families from the opening petition to the order that closes the estate.
Learn more about our probate services.
Does an Anaheim Estate Need Probate?
Whether probate is needed depends on how each asset was owned, not only on whether there was a will. These usually pass without it:
- Property held in a living trust
- Real estate or accounts in joint tenancy, which pass to the surviving owner
- Life insurance and retirement accounts with a living beneficiary
- Payable-on-death and transfer-on-death accounts and property
If the main asset is a primary home of more modest value, a simpler court petition may take the place of a full probate for deaths on or after April 1, 2025.
What remains, such as an Anaheim house titled in the person’s name alone, often requires a probate case. When property is going to a surviving spouse, a spousal property petition may handle the transfer without a full probate.
How an Anaheim Estate Moves Through the Court
- Opening the case. We file the petition that asks the court to admit any will and give someone authority over the estate as executor or administrator.
- Giving notice. Heirs and beneficiaries are told the hearing date, and a notice runs in a newspaper.
- Letters. When the court grants the petition, it issues letters giving the executor authority to act.
- Inventory. The executor lists everything the estate owns, and a probate referee sets values for the assets other than cash.
- Creditors. Creditors generally get four months from the issuance of letters to file claims, and the executor allows or rejects each one.
- Managing the property. The executor protects the assets and sells any that need to be sold.
- Closing. After the court approves a final accounting, the executor distributes what is left.
When the Estate Includes the Family Home
Whether the estate includes a home in Anaheim Hills or a house closer to downtown, the executor has to look after it from the start: keep it insured, pay the property taxes and utilities, and decide whether to keep, rent or sell it. An executor granted full authority under the Independent Administration of Estates Act can often sell real estate after giving notice of proposed action, with no court confirmation hearing. We help executors prepare the house for sale and keep the process on track.
A Family Business in the Estate
If the person who died owned an Anaheim business, or shares of a company, in their own name, that interest may be part of the probate estate. Someone has to keep it operating and protect its value while the case is open. We help executors obtain the authority they need, arrange a valuation, and decide with the family whether to keep the business, transfer it to an heir or sell it.
Probate Fees and Other Costs
Under California Probate Code Section 10810, the estate’s attorney and the executor are each paid a statutory amount, figured as a percentage of the estate’s gross value:
- 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
On a $900,000 estate, that works out to $21,000 for the attorney and another $21,000 for the executor. Because the fee is based on gross value, a mortgage on the house doesn’t reduce it. Other costs can include court filing fees, the probate referee’s fee for appraising assets, newspaper publication and a bond if the court requires one. Our Probate Calculator gives an estimate of the standard fees for the estate you are settling.
Frequently Asked Questions About Probate in Anaheim
Does Anaheim have its own probate court?
No. Anaheim estates fall under the Orange County Superior Court, and the county’s probate matters are currently heard at the Costa Mesa Justice Complex on Harbor Boulevard.
How long does an Orange County probate usually last?
Straightforward cases often close in 12 to 18 months. A house sale, a tax question, a creditor dispute or disagreement among the heirs can stretch it out.
I live outside California. Can I still be the executor?
Yes. California permits an out-of-state executor, though the court may require that executor to post a bond, even if the will says no bond is needed. Real estate the person owned in another state may also need its own ancillary probate in that state.
Can a relative keep living in the house during probate?
It depends on the will, the other heirs and what the estate needs. Because the executor must treat everyone with a share fairly, that may mean charging rent, setting a move-out date or selling the home.
Why Work With The Soto Law Group
Each probate matter is led by our attorneys: Romelia “DeDe” Soto, who has more than 20 years of legal experience, Jessica Munoz (Associate Attorney) and Thomas Roll (Of Counsel). We prepare every filing with care and appear at the Costa Mesa hearings, so Anaheim executors can put their attention on their families.
Related Services in Anaheim
Probate in Other Locations
Directions to Our Office From Anaheim
Speak With an Anaheim Probate Attorney
If you have been named executor or need to open an estate, call (949) 945-0059 or contact us online to schedule a consultation.