Probate Attorney in Orange County, CA
When a California resident dies, their probate case is generally filed in the county where they lived. For a resident of any of Orange County’s 34 cities, the case belongs in the Orange County Superior Court, and its probate hearings currently take place at the Costa Mesa Justice Complex, 3390 Harbor Boulevard. The Soto Law Group represents executors, administrators and families in these cases.
Learn more about our probate services.
One Probate Court for All 34 Cities
Whether your loved one lived in Anaheim, Huntington Beach or Newport Beach, an Orange County probate goes to the same court. Until May 2023, those cases were heard at the Central Justice Center in Santa Ana. The court then moved its probate matters to the Costa Mesa Justice Complex, where they are currently heard. If an older letter or website points you to Santa Ana, check first; we confirm the location of every hearing in our cases.
For local details, see our pages for Newport Beach, Costa Mesa, Irvine, Huntington Beach, Laguna Beach, Santa Ana and Anaheim.
Does the Estate Need Probate?
An estate generally needs probate when property was titled in the person’s name alone, no trust, co-owner or beneficiary designation passes it to someone, and the total is above California’s small-estate limit. In Orange County, a single home is often enough to cross that line. Since April 2025, a lower-value primary residence may instead pass through a simpler court petition, which we consider before opening a full case. Property that usually transfers without probate includes:
- Anything held in a living trust
- Real estate or accounts owned in joint tenancy, which pass to the surviving owner
- Life insurance policies and retirement plans that name a beneficiary who survived
- Bank and brokerage accounts with payable-on-death or transfer-on-death designations
A surviving spouse who receives the property may be able to use a spousal property petition, a shorter court process, in place of a full probate.
How an Orange County Probate Case Moves Forward
- Opening the case. The first filing asks the judge to admit any will to probate and to appoint the executor it names, or an administrator if there is no will.
- Giving notice. The heirs and the will’s beneficiaries are notified of the hearing date, and a notice must also run in a local newspaper.
- Letters. The court then issues letters, which give the personal representative authority that banks and title companies will recognize.
- Inventory and appraisal. The personal representative lists the estate’s property, and a probate referee appraises most assets other than cash.
- Creditor claims. Once letters are issued, creditors generally get four months to file claims, and the personal representative pays each valid claim or rejects it.
- Real estate. Homes in an estate often need upkeep, tenants or a buyer. An executor holding full authority under the Independent Administration of Estates Act can often sell without a court confirmation hearing, giving the heirs and beneficiaries a notice of proposed action instead.
- Closing the estate. A final petition asks the court to approve the accounting and fees and to order distribution to the beneficiaries or heirs.
What Probate Costs and How Long It Takes
The fee for the estate’s attorney is set by statute in California Probate Code Section 10810, and the executor is paid on the identical schedule. Each is 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
Take an estate with a $2,000,000 gross value: the statutory attorney fee is $33,000, and the executor’s commission is also $33,000. Appraisal fees, court filing fees, publication costs and any bond come on top, and our Probate Calculator runs the standard numbers for a specific estate. Plan on 12 to 18 months for a straightforward case in Orange County. Selling a house, sorting out a tax issue or working through a family disagreement can add time.
Executors Who Live Outside California
Executors don’t have to live in California. If you’re out of state, though, the court can ask you to post a bond, and it can do so even if the will excuses you from one. Out-of-state real estate is a separate issue: a home or land in another state may need an ancillary probate in that state. We handle the Orange County filings wherever you live.
Frequently Asked Questions About Probate in Orange County
Is Orange County probate still heard in Santa Ana?
No. The court moved probate matters from the Central Justice Center in Santa Ana to the Costa Mesa Justice Complex in May 2023, and hearings are currently held in Costa Mesa.
How long do creditors have to file claims?
Generally four months after the court issues letters to the personal representative, who then reviews each claim.
How do I keep my own estate out of probate?
Hold your home and major accounts in a funded living trust, and keep beneficiary and transfer-on-death designations up to date. Our Orange County estate planning page explains how.
Why Work With The Soto Law Group
Romelia “DeDe” Soto leads our probate team and brings more than 20 years of legal experience, working with Of Counsel Thomas Roll and Associate Attorney Jessica Munoz. We draft the court papers, watch every deadline and appear at the hearings.
Related Services in Orange County
Probate in Other Locations
Visit Our Newport Beach Office
Get Help With an Orange County Probate
Questions about an estate? Reach us at (949) 945-0059 or contact us online, and we’ll go over the next steps with you.