Where to start depends on how the assets were held
Most families come to us with the same question: do we have to go to court? The answer turns on how each asset was titled when your loved one died, not on whether there was a will.
Everything was in a living trust
No probate. The successor trustee administers the trust privately, with required notices, appraisals, tax filings, and a final distribution.
Trust administration →
Assets in the decedent's name alone
If those assets total more than $208,850 (deaths on or after April 1, 2025), California generally requires a probate case in Superior Court.
Probate administration →
A surviving spouse inherits
A spousal property petition can often move property to the surviving spouse without a full probate.
Spousal property petitions →
A smaller estate, or just the house
Smaller estates can use an affidavit. A primary residence worth up to $750,000 may qualify for a shorter court petition.
Small estates & home transfers →
What working with us looks like
- Free first call. We sort out which path applies and what it should cost before you commit to anything.
- Written fee quote. Probate fees in California are set by statute. For trust administration and court petitions we quote in writing up front.
- A checklist and a calendar. You get the list of documents we need, the filing deadlines, and a realistic timeline for your case.
- We handle the court. Petitions, notices, publication, the probate referee, and hearings at the Costa Mesa Justice Complex.
- The house, handled carefully. Most South County estates include real estate. We coordinate valuation, notices, and the sale so the estate is not left carrying a vacant home.
Common questions
How long does probate take in Orange County?
A straightforward California probate usually takes 9 to 18 months. The creditor claim period alone runs at least four months after the court appoints the personal representative. Disputes, real estate problems, or missing heirs add time.
What does probate cost?
California sets the attorney's and the executor's ordinary fees as a percentage of the gross estate. On a $1,000,000 estate each fee is $23,000. See the probate fee calculator.
Do I need a lawyer if there is a living trust?
Not always, but trustees carry personal liability for mistakes. Most successor trustees use a lawyer for the required notices, the property tax filings, and the final accounting and distribution.
More questions →
Talk it through before you file anything. A free 20-minute call is usually enough to tell you whether you need probate, a shorter court petition, or no court at all.
Request a consultation or call
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