Probate administration in Orange County
Probate is the court process that lets someone collect a person's assets, pay their debts, and distribute what is left after death. In Orange County, probate cases are handled by the Superior Court at the Costa Mesa Justice Complex, 3390 Harbor Boulevard, Costa Mesa.
When probate is required
Probate is generally required when the decedent owned assets in their name alone, with no trust, joint owner, or named beneficiary, and those assets total more than $208,850 for deaths on or after April 1, 2025. Assets that pass outside probate (living trust property, joint tenancy, accounts with a payable-on-death beneficiary, life insurance and retirement accounts with a named beneficiary) do not count toward that limit.
A will does not avoid probate. It tells the court who should inherit and who should serve as executor, but the court still supervises the process.
The steps, in order
| Step | What happens |
|---|---|
| 1. Petition | We file a Petition for Probate asking the court to admit the will (if any) and appoint an executor or administrator. |
| 2. Notice | Notice of the hearing is published in a local newspaper and mailed to heirs and beneficiaries. |
| 3. Hearing & Letters | The court appoints the personal representative and issues Letters, the document banks and title companies rely on. Bond is set unless waived. |
| 4. Inventory | Assets are listed and most are appraised by a court-appointed probate referee. The inventory is due within four months of Letters. |
| 5. Creditors | Known creditors receive notice. The claim period runs at least four months from Letters. |
| 6. Sales | Real estate and other assets are sold if needed, either under the Independent Administration of Estates Act with a Notice of Proposed Action or with court confirmation. See selling a house in probate. |
| 7. Final petition | We file a petition for final distribution, with an accounting or with waivers from the beneficiaries, and request approval of fees. |
| 8. Distribution & discharge | Assets are distributed under the court's order, receipts are filed, and the personal representative is discharged. |
How long it takes
A simple, uncontested probate usually takes 9 to 18 months from filing to discharge. The schedule depends mostly on the court calendar, the four-month creditor period, how quickly real estate sells, and whether anyone objects.
What it costs
California sets the ordinary fees for both the attorney and the personal representative as a percentage of the gross value of the probate estate (Probate Code section 10810). Court filing fees, publication, the probate referee's fee, and any bond premium are added on top. Use the probate fee calculator to see the numbers for your estate.
Serving as executor
An executor or administrator is a fiduciary. You are personally responsible for protecting estate assets, keeping estate money separate, and following court rules. Our job is to keep you on schedule and out of trouble: we prepare the filings, track deadlines, and tell you what to do with the house, the accounts, and the mail before each step.