Probate in Orange County and Southern California

Probate is the court process for settling the estate of someone who died owning property in their own name, without a living trust or a beneficiary designation that passes it automatically. The court appoints an executor (if there is a will) or an administrator (if there is not), the estate's debts are paid, and the remaining property goes to the heirs or the people named in the will.

First, check whether you need probate at all

Many California estates do not need a full probate. Before opening a case, we look at:

Whether the property is held in a living trust, which is handled by the successor trustee instead.
Accounts with a payable on death or transfer on death beneficiary, retirement accounts and life insurance.
Property that passes to a surviving spouse, which can often use a spousal property petition.
Whether the estate is under the small estate limit of $208,850 for deaths on or after April 1, 2025.
Whether the main asset is the decedent's home worth $750,000 or less, which may qualify for the primary residence petition.

See the small estate options in detail.

How a California probate moves

Petition for probate. Filed in the superior court of the county where the decedent lived, along with the original will if there is one.
Notice. Heirs and named beneficiaries receive notice, and a notice of the hearing is published in a newspaper.
Appointment and letters. At the hearing the court appoints the personal representative and issues letters, the document banks and title companies require.
Creditors. Known creditors receive notice. The creditor claim period generally runs four months from the date letters are first issued.
Inventory and appraisal. Assets are listed and, for most property, valued by a court appointed probate referee.
Managing and selling property. Bills, taxes and real estate are handled, including a sale of the house if the family decides to sell. Many estates qualify for independent administration, which lets the representative act with less court supervision.
Final petition and distribution. The court approves the final report, fees and distribution, and the estate is closed.

A straightforward probate with no disputes often takes nine months to a year and a half. Disputes, real estate problems, or a slow court calendar can extend that.

What probate costs

California sets a statutory fee for the attorney and a separate one for the executor, each based on the gross value of the estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. Court filing fees, publication and the probate referee are additional. Extraordinary work, such as litigation or a contested sale, can be requested separately and must be approved by the court. You will receive a written fee explanation before the case is filed.

Common questions

Do I need a lawyer to file probate?

California does not require one, but probate involves detailed forms, strict notice rules and court review of every filing. Mistakes usually mean a continued hearing and more delay. Many families prefer representation, especially when real estate is involved.

The will names me as executor. Do I have to serve?

No. You can decline, and the court will appoint someone else, usually an alternate named in the will or a close family member.

Can we sell the house during probate?

Yes. With independent administration the personal representative can often sell after giving notice to heirs, without a court confirmation hearing, unless someone objects.

What if there is no will?

California intestate succession rules decide who inherits, usually a spouse and children first. A family member can petition to be appointed administrator.