The Orange County Probate Roadmap

Not every estate does. As of 2026, personal property of roughly $208,850 or less can often pass by small-estate affidavit, and a primary residence worth $750,000 or less may qualify for a simplified petition. Assets in a living trust, joint tenancy property, and accounts with a named beneficiary usually skip probate entirely. The thresholds are adjusted periodically, so confirm the current figure before you rely on it.

All Orange County decedent's estate matters are heard at the Costa Mesa Justice Complex, 3390 Harbor Blvd., Costa Mesa, CA 92626. The Probate Clerk's Office is on the first floor. You can file in person, by drop box, by mail, or electronically. The court's Self-Help team also offers a free document review before you file.

Before your hearing, the court's probate examiner reviews your file and posts written notes listing anything missing or defective. Reading and clearing those notes ahead of time is the difference between getting appointed at your first hearing and getting continued another 4 to 6 weeks. Probate hearings in Orange County are held remotely, so everyone you serve must be told that, or someone will show up in person by mistake.

Your Letters will say whether you have full or limited authority under the Independent Administration of Estates Act. Full authority lets you sell real property with a 15-day Notice of Proposed Action and no hearing. Limited authority means every sale must be confirmed by the court, complete with an open overbid. Get a certified copy of your Letters. Banks, title companies and the county assessor will all ask for one.

These notices let the state assert claims against the estate, most commonly Medi-Cal recovery through the Dept. of Health Care Services. Skipping them can hold up your final distribution months later. You will also need an estate Tax ID (IRS Form SS-4) before any bank will open an estate account, and a licensed tax professional should advise you on the decedent's final returns and any estate return.

The court assigns a probate referee who sets the date-of-death value of the real property. Their fee is set by law at 1/10th of 1% of the value appraised, with a $75 minimum and $10,000 maximum. That appraised value becomes the benchmark the court measures your eventual sale price against, which is exactly why an accurate, well-supported local valuation matters so much. For the county assessor, file the Notice of Death of Real Property Owner and a Preliminary Change of Ownership Report. A parent-child exclusion claim may prevent reassessment.

The petition includes a full accounting of everything that came in and went out: sale proceeds, rents, repairs, taxes, creditor payments and fees, plus a proposed plan of distribution. Serve the Notice of Hearing (DE-120) with a Proof of Service. If the estate is not ready to close, a Status Report buys you time. Simply going quiet does not.

Distributing the money is not the end. Until the court signs the Order for Final Discharge, you remain personally on the hook as Personal Representative. File every receipt, then file the discharge petition. That is what formally releases you.