Orange County Probate Attorney
Experienced Probate Attorney Serving Santa Ana, Anaheim, Irvine, Huntington Beach, & Beyond
After the turmoil of losing a loved one, no one looks forward to a potentially complex and lengthy probate process. Fortunately, with the support of our experienced Orange County probate attorneys, you do not have to face this process alone.
Jennifer Jones and the Jones Legal team understand how difficult probate procedures can be for Orange County families. We strive to make the process easier through compassionate legal support backed by extensive knowledge in estate planning and probate law.
Our Southern California probate lawyers provide a wide range of probate services, including validating wills, appraising property, overseeing asset distribution and inheritance, and more. Call (951) 742-7213 or contact us online to schedule a free consultation with an experienced California probate lawyer on our team today.
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What is Probate, and When is it Required in California?
Probate is a legal process that involves settling a deceased person’s estate. When a deceased person, referred to as “the decedent” in probate matters, leaves a valid will, the probate process ensures that their estate is administered according to the will.
As a general rule, the person named as the personal representative, or executor, in the will handles settling the estate. If there is no will, the decedent’s assets will be distributed according to state law. In such cases, a personal representative will likely be appointed by the probate court. Regardless, their job includes filing the required legal documents, inventorying assets, appraising property, and ensuring all claims are resolved in probate court (i.e., outstanding debts to creditors and taxes) before distributing assets to heirs.
Under certain circumstances, the transfer of the decedent’s estate may not need to be overseen by the probate court. California Probate Code only requires court oversight when the decedent’s estate reaches a certain value. For those who died on or after April 1, 2025, that value is $750,000 or more.
What are Considered Probate Assets?
Assets subject to the public process of probate in California can include both tangible assets, such as homes, cars, boats, and other goods, and intangible assets, such as stocks, business interests, and finances kept in banking accounts. However, assets can only be subject to probate under specific circumstances under California probate law.
Assets that were the sole property of the deceased qualify for probate, whether they were obtained before or after marriage. Probate can also apply to community property, such as property acquired during marriage. Up to one-half of community property is subject to probate in California. Finally, if the decedent had “tenant in common” assets or property that was shared between multiple people, their share of the property can be subject to the probate process.
Certain assets, on the other hand, are exempt from probate. One common example of a non-probate asset is real estate that is a joint tenancy with the right of survivorship. After the decedent’s death, the surviving joint owner automatically gains the decedent’s share. Other assets that are not subject to probate include most retirement accounts, assets held in a living trust, trustee accounts, and more.
The Role of the Orange County Probate Court
As we touched on above, California law requires court supervision for the probate process when a decedent’s estate assets exceed the value threshold. If a decedent dies on or after April 1, 2025, that value threshold is $750,000. The Orange County probate court oversees the formal administration of estates when someone dies having owned property in the county.
During probate court proceedings, the court reviews inventories and asset valuations and supervises the distribution of the decedent’s assets to their heirs and beneficiaries, whether via a will or intestate succession.
The court plays a huge role in how your probate case plays out, but they are not responsible for helping you through the process or looking out for your best interests. At Jones Legal, we are. Our experienced Orange County probate lawyers steer clients through every stage of the process with understanding and compassion, giving family members and loved ones the confidence they need during a challenging time.
Orange County, CA Probate Court Information
Orange County Probate Court Address
The Central Justice Center in Santa Ana, California provides the location for probate matters in Orange County, including Irvine, Anaheim, Newport Beach, Laguna Beach, Fullerton, and all of the surrounding areas. Here is the address.
Orange County Probate Court Phone Number
The Probate Process in California: Step-by-Step
When facing a potentially difficult probate process, it can be extremely helpful to know what to expect. At Jones Legal, our Orange County probate attorneys ensure that clients are prepared for probate and provide knowledgeable legal support every step of the way.
Generally, you can expect the probate process to look something like this:
1. Petitioning the Court to Open Probate
- File a petition with the Orange County Probate Court
- Submit the original will (if available) and death certificate
- Court appoints a personal representative (executor or administrator)
- Court issues Letters Testamentary or Letters of Administration
2. Inventorying Assets, Notifying Creditors, Resolving Debts
- Identify and list all probate assets (real estate, accounts, personal property)
- Obtain appraisals and submit an inventory to the court
- Notify known creditors directly and publish a notice to unknown creditors
- Review and pay valid debts, final taxes, and administrative expenses
3. Distributing Assets to Beneficiaries
- Prepare and file a final accounting with the probate court
- Distribute remaining assets according to the will or intestate succession laws
- Obtain court approval for distribution plan, if required
- Close the estate and discharge the personal representative
Do I Need an Orange County Probate Attorney?
Hiring an Orange County probate attorney is not required, but is highly recommended for a number of reasons. Complex legal matters are difficult to deal with under any circumstances, but settling an estate after losing someone you love can be a particularly trying experience. Families are likely still dealing with the grief of losing their loved one. The combination of strong emotions and disagreements about how to distribute a decedent’s property can easily lead to lengthy legal disputes and challenges during probate administration.
A skilled probate attorney can help minimize the chance of disputes or challenges by ensuring all legal requirements are met, guiding you through court hearings, handling filings accurately, and coordinating asset valuations. This kind of assistance substantially reduces delays or complications, resulting in a smooth, efficient outcome from start to finish.
All in all, an attorney’s extensive knowledge of California probate law is a valuable asset that can save you time, money, and frustration. No matter the circumstances that bring you to probate court, our law firm is prepared to diligently advocate for you and protect your loved one’s legacy.
Benefits of Working with Our Orange County Probate Lawyers
- Compliance With California Probate Law
- Time Savings For Executors & Families
- Reduced Personal Liability for Executors
- Efficient Probate Administration
- Asset Protection & Debt Resolution
- Dispute Resolution & Fairness
- Stress Reduction & Peace of Mind
How Much Does a Probate Lawyer Cost in California?
Multiple factors can influence the overall cost of an Orange County probate attorney. In addition to an hourly or flat fee, costs may include a statutory fee. Court fees, filing fees, and executor compensation may also be included in the cost.
Understanding California Probate Attorney Fees
California statutory probate fees are determined based on the gross value of the estate. These fees may be paid to both a lawyer representing an individual for probate and the executor. Fees are applied at different percentages according to different levels of value.
For the first $100,000 of an estate’s value, a statutory fee of up to 4% can be charged. From that point on, progressively lower percentages apply: 3% of the next $100,000 in value, 2% of the next $800,000 in value, 1% of the next $9,000,000 in value, and 0.5% for the next $15,000,000 in value. In cases where the estate values above $25,000,000, further fees are determined by the court.
Why Choose Jones Legal for Probate and Estate Matters in Orange County, CA?
At Jones Legal, Jennifer Jones and her team are dedicated to providing unmatched guidance and attention for clients facing the many challenges of probate in Orange County and across Southern California. We pair thoughtful empathy with a proactive approach, ensuring estates are administered both fairly and efficiently, while protecting your family’s legacy through every court hearing and filing.
In addition to helping with probate proceedings, our team helps clients structure their affairs with effective estate planning to avoid probate when possible, saving time, court costs, and emotional strain during what is otherwise a time-consuming, expensive process. Our experience in structuring assets and trusts ensures clients retain control while minimizing court involvement.
When you work with an experienced estate planning and probate attorney like Jones Legal, you benefit from proper planning that mitigates the risk of unexpected complications down the road.
Contact an Experienced Orange County Probate Lawyer Today
At Jones Legal, our support is always confidential and never judgmental. We understand the emotional weight of probate and work to bring ease during this challenging period. Simply give our experienced Orange County probate lawyers a call at (951) 742‑7213 or contact us online to arrange a free, no‑obligation consultation today.