Probate Attorney in Huntington Beach, CA
When a parent or spouse dies with a house or other assets in their own name, the family usually can’t sell or retitle that property until a probate court gives someone the authority to act. For a Huntington Beach estate, that court is the Orange County Superior Court, which currently holds its probate hearings in the Costa Mesa Justice Complex, 3390 Harbor Boulevard. The Soto Law Group represents executors and administrators from start to finish, so you can look after your family.
Learn more about our probate services.
Does a Huntington Beach Estate Need Probate?
Probate generally applies to assets the person owned in their own name, with no living trust, no surviving joint owner and no named beneficiary, when their total value is above California’s small-estate limit. Because a home is valued at what it is worth when the owner dies, not what was paid for it, a Huntington Beach house bought long ago will usually put an estate over that limit by itself. A more modest primary residence may qualify for a simpler court petition for deaths on or after April 1, 2025, so we look at that route too.
These assets usually pass without probate:
- Property owned by a living trust
- Real estate or accounts held in joint tenancy, which go to the surviving owner
- Life insurance, IRAs and 401(k) plans with a living beneficiary
- Accounts marked payable on death (POD) or transfer on death (TOD)
If the estate goes to a surviving spouse, a spousal property petition can often take the place of a full probate.
How an Orange County Probate Case Unfolds
- Opening the estate. We petition the court to appoint the executor named in the will, or to appoint an administrator when there is no will.
- Giving notice. Heirs and beneficiaries are told about the hearing, and notice is also published in a newspaper.
- Receiving letters. The court then issues letters, the document banks and title companies will ask to see.
- Valuing the estate. The executor prepares an inventory, and a probate referee appraises the house and other non-cash property.
- Handling creditors. Creditors generally get four months from the date letters issue to file claims, and the executor decides which to pay and which to reject.
- Closing the estate. The executor files a final report, usually with an accounting, and after court approval the remaining property is distributed.
A straightforward case often takes 12 to 18 months. A home sale, a tax question or a family disagreement can add time.
Selling or Keeping a Parent's Huntington Beach Home
When the house is the main asset, the family has to decide whether to sell it, rent it or keep it. If the executor receives full powers under the Independent Administration of Estates Act (IAEA), the home can often be sold without a court confirmation hearing, after the heirs and beneficiaries receive a notice of proposed action. Otherwise, the sale goes before the court for confirmation.
Two tax points matter here. Heirs generally receive a new income tax basis equal to the home’s value at the date of death, which can sharply reduce capital gains tax on a sale. A child who keeps the home should know that Proposition 19 generally causes a reassessment unless they make it their own primary residence, and the benefit is capped even then.
Probate Fees When the House Was Bought Long Ago
California Probate Code Section 10810 sets the statutory attorney fee, and the executor’s commission is figured on the same schedule. Both are percentages 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
The calculation uses what the property is worth when the owner dies, not what it cost, and a mortgage doesn’t reduce it. Take an estate whose gross value is $1,200,000: the statutory attorney fee is $25,000, and the executor’s commission is another $25,000. The estate also pays the probate referee, court filing fees, publication costs and any bond. Our Probate Calculator gives a quick estimate of the standard fees.
Frequently Asked Questions About Probate in Huntington Beach
Our parent had a trust, but the house was never put into it. Is probate required?
Not always. If the trust documents show your parent meant for the house to be part of the trust, a petition can ask the court to treat it as a trust asset. That can be simpler than opening a full probate case.
Who pays the property taxes and upkeep on the house during probate?
The estate generally does. The executor should keep the home insured, maintained and secure, pay its bills from an estate account and record every expense, since those costs are reported to the court.
Is a Huntington Beach estate probated in Huntington Beach?
No. It is an Orange County Superior Court case, and its probate cases are currently heard in Costa Mesa, at the Costa Mesa Justice Complex.
Why Work With The Soto Law Group
With more than 20 years of legal experience, Romelia “DeDe” Soto leads our probate work, supported by Associate Attorney Jessica Munoz and Thomas Roll (Of Counsel). We prepare the court papers and attend the hearings, so you are not left to work out the process alone.
Related Services in Huntington Beach
Probate in Other Locations
Directions to Our Office From Huntington Beach
Speak With a Probate Attorney
Named as executor, or unsure whether an estate needs probate? Phone (949) 945-0059 to reach our office, or contact us online for a consultation.