Probate help for Orange County families and executors
When an estate has to go through court, we prepare the filings, attend the hearings, and keep you informed from the first petition to the final distribution.
Help after a death or an incapacity
- Free consultation
- Attorney fees in probate are set by California law
The short answer
Probate is the court-supervised process for settling an estate that was not held in a trust. The court appoints a personal representative, creditors are notified, the assets are inventoried and appraised, debts and taxes are paid, and the rest is distributed to the heirs. In Orange County, probate cases are heard at the Costa Mesa Justice Complex. Attorney fees for ordinary probate work are set by California statute, not by the firm.
When is probate required in California?
Probate is generally needed when someone dies owning property in their name alone, with no trust, no beneficiary designation and no joint owner to receive it. Smaller estates may qualify for a simpler procedure. We look at what was owned and how it was titled, and tell you whether probate is needed or whether a simpler path applies.
What are the steps in a California probate?
- File the petition with the court.
- Give the required notices, including publication.
- Attend the hearing, where the court appoints the personal representative and issues "letters."
- Notify creditors and handle their claims.
- Inventory and appraise the estate's property.
- Manage or sell property, with court approval where required.
- Pay valid debts, expenses and taxes.
- Ask the court to approve the final distribution, then close the estate.
We tell you what each step involves and where your case stands, so the family knows what comes next.
How long does probate take in California?
A probate cannot close before the creditor period ends. Creditors have until four months after the court first issues letters, or 60 days after notice is mailed to them, whichever is later (Probate Code section 9100 (opens in a new tab)). Court calendars, property sales and tax filings add time. At the start, we give you an estimated timeline for your estate.
Where is probate court in Orange County?
Orange County probate cases are heard at the Costa Mesa Justice Complex (opens in a new tab), 3390 Harbor Blvd., Costa Mesa. Before each hearing, the court's probate examiners review the petition and post written "probate notes" about anything missing, three to four weeks ahead. We read those notes and address them before your hearing.
How are probate attorney fees set?
For ordinary probate work, California law sets the attorney's fee as a percentage of the value of the estate, on a sliding scale (Probate Code section 10810 (opens in a new tab)). The court may allow additional fees for extraordinary services, in an amount the court decides (Probate Code section 10811 (opens in a new tab)). These fees are paid from the estate as the court allows. Court filing fees, publication and appraisal costs are separate. We explain the expected fees at your consultation. Because the court sets or approves them, there is no online payment button for probate fees on this website.
Can probate be avoided?
The time to avoid probate is before it is needed. A funded living trust, beneficiary designations and other planning tools can keep property out of court. If you are settling a parent's estate now, it may also be a good time to look at your own plan.
What executors can expect from us
FAQ
Are any assets exempt from probate?
Property held in joint tenancy, accounts with a named beneficiary, and property held in a trust pass outside probate. We check how each asset was held.
What if there is no will?
California's intestacy rules decide who inherits, and the court appoints an administrator to handle the estate. The probate steps are much the same.
Can the house be sold during probate?
Yes, with the authority the court grants the personal representative and the required procedures. We confirm what is needed before the home is listed.
Do you handle probate outside Orange County?
Our office is in Irvine, and we work with families in Los Angeles, San Diego, Riverside and San Bernardino counties too. Call us and we will tell you how we can help with your county's court.
Help after a death or an incapacity
- The work a successor trustee does after the person who made the trust dies: notices, assets, debts, taxes, records and distributions.Trust Administration
- A court case in which a judge appoints someone to manage the care or finances of an adult who cannot.Conservatorships
Settling an estate? Talk to us first
Call (714) 543-6829, Monday to Friday, 9 AM to 5 PM, or request a free consultation.