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Orange County, CA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of Orange — Probate & Mental Health Division |
| Courthouse | Costa Mesa Justice Complex, 3390 Harbor Blvd., Costa Mesa, CA 92626 (Probate Clerk's Office, 1st floor) |
| Mailing address | Probate Clerk's Office, 3390 Harbor Blvd., Costa Mesa, CA 92626 |
| Phone | (657) 622-8452 — customer service agents Mon–Fri 8:00 AM – 4:00 PM; automated information 24/7 |
| Clerk's office hours | Mon–Fri 8:00 AM – 4:00 PM (excluding court holidays) |
| Probate departments | CM01 and CM03–CM08 at the Costa Mesa Justice Complex (calendar assignments change; check the court's Probate Courtroom Schedule page) |
| Filing fee (petition for probate) | $435 — statewide fee, no Orange County surcharge (Cal. Gov. Code § 70650(a); OC fee schedule effective January 1, 2026, item 124) |
| Local probate forms | Yes — including mandatory L-0758 (bond waiver declaration) and L-3033 (ex parte coversheet), plus L-1332 (response to probate notes) |
| E-filing | Mandatory for attorneys since September 3, 2013 (Local Rule 601.01); self-represented filers exempt but encouraged; seven approved service providers |
| Probate examiner notes | Published online at ocscefm1.occourts.org/probate-notes; text/email alerts via the Probate Examiner Notes Notification Program |
| Online case search | Probate Case Access portal at probatepublic.occourts.org (not the official record) |
| Remote appearance | Permitted and encouraged for all non-evidentiary probate hearings — click the court's online check-in link on the day of the hearing (Local Rule 601.02) |
| Website | https://www.occourts.org/divisions/probate |
Before you begin — know the assets and liabilities
Before filing anything with the Orange County probate clerk, know exactly what is in the estate. The right path — small-estate affidavit, Petition to Determine Succession to Real Property, Spousal Property Petition, or full probate — depends entirely on the value and type of the assets. In Orange County the stakes of guessing are concrete: every petition is screened by a probate examiner, and deficiencies posted to the online probate notes must be cleared before the hearing or the matter is continued.
Identify every bank account, retirement plan, brokerage account, life insurance policy, business interest, and parcel of real property — and every debt — before choosing the path. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Probate and Mental Health Division of the Orange County Superior Court hears every probate matter in the county — decedents' estates, succession and spousal petitions, trust petitions, conservatorships, and guardianships — at the Costa Mesa Justice Complex, departments CM01 and CM03 through CM08. The county's other justice centers (Central in Santa Ana, West in Westminster, North in Fullerton, Harbor in Newport Beach) handle no probate filings: families everywhere in the county, from Anaheim to Irvine to Huntington Beach to San Clemente, file with the probate clerk in Costa Mesa.
Probate is filed here when the decedent was domiciled in Orange County at death (Cal. Prob. Code § 7051), or owned Orange County real property as a non-resident (ancillary administration). Every petition is reviewed by a probate examiner before the hearing, and the examiner's notes are published online.
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path, plus Orange County's local forms where they apply: mandatory local form L-0758 (Declaration in Support of Bond Waiver) with any request to waive the personal representative's bond (Local Rule 603.07), and Judicial Council form DE-147S, which Local Rule 603.09 requires from every personal representative.
- File the petition. Attorneys must e-file through one of the court's seven approved electronic filing service providers — One Legal, First Legal, TurboCourt, and others (Local Rule 601.01, mandatory since September 3, 2013). Self-represented filers may e-file or file on paper at the Probate Clerk's Office, 1st floor, Costa Mesa Justice Complex, 3390 Harbor Blvd., Costa Mesa (Mon–Fri 8:00 AM – 4:00 PM).
- File original documents on paper — they cannot be e-filed: original wills and codicils (for filing or safekeeping), the Affidavit re: Real Property of Small Value, undertakings, and subpoenaed documents. Originals must reach the clerk's office by the close of business on a court day.
- Pay the $435 filing fee (Cal. Gov. Code § 70650(a); OC fee schedule effective January 1, 2026, item 124). Fee waivers are available on Judicial Council forms FW-001/FW-003, and a party with a fee waiver who e-files is exempt from the provider's e-filing fees.
- Complete notice: publish in a newspaper of general circulation and mail DE-121 notice to heirs and beneficiaries at least 15 days before the hearing (Cal. Prob. Code §§ 8120–8124). If the petition does not make clear that the nominated personal representative has priority over the Public Administrator, the court requires notice to the Orange County District Attorney – Public Administrator (Local Rule 603.10).
- Check the probate examiner notes for your case at ocscefm1.occourts.org/probate-notes, and register for instant text or email alerts through the court's Probate Examiner Notes Notification Program. Clear every deficiency before the hearing — responses must be filed (local form L-1332, Response to Probate Notes), not emailed. Questions go to [email protected]; the court answers within about 24 hours.
- If you need more time, email [email protected] by 4:00 PM at least five court days before the hearing. Email continuances are granted only for a first continuance, and every party must agree and send a separate email.
- Attend the hearing in your assigned department (CM01 or CM03–CM08). For non-evidentiary hearings, remote appearance is permitted and encouraged — click the court-provided check-in hyperlink on the day of the hearing (Local Rule 601.02) — or appear in person in the courtroom.
- The judge admits the will, appoints the personal representative, and issues Letters (DE-150).
- Administer and close the estate under the statewide process: creditor notice, the 4-month claim period, Inventory and Appraisal (DE-160), and the petition for final distribution. Orange County requires every proposed order to be complete in itself — an order that merely says the petition is granted will be rejected (Local Rule 601.14).
Executor duties
The statewide personal-representative duties (creditor notice, the 4-month Inventory and Appraisal, DHCS notice, Notice of Proposed Action under IAEA) apply in Orange County exactly as described on the California page. Orange County adds these local obligations:
| Orange County-specific duty | Timing |
|---|---|
| File DE-147S (Confidential Statement of Birth Date and Driver's License Number) — required from every personal representative | With the appointment filings (Local Rule 603.09) |
| Submit mandatory local form L-0758 with any bond-waiver request, covering tax liabilities, creditor exposure, and solvency | With the petition (Local Rule 603.07) |
| E-file all documents if represented by counsel (originals excepted) | Throughout the case (Local Rule 601.01, mandatory since September 3, 2013) |
| File original wills, codicils, and undertakings on paper at the clerk's office | By close of business on a court day — they cannot be e-filed |
| Monitor the probate examiner notes at ocscefm1.occourts.org/probate-notes and register for text alerts | Notes are updated up to the hearing; alerts post instantly |
| Respond to examiner-note deficiencies by filed response (local form L-1332) — never by email | Before the hearing |
| Submit local form L-3033 (Probate Ex Parte Coversheet) with any ex parte request | With every ex parte application (Local Rule 601.13) |
Forms and documents
Probate forms in Orange County
Orange County uses the statewide Judicial Council DE-series plus its own local forms. The most important local forms for a decedent's estate:
| Form | Name | When required |
|---|---|---|
| L-0758 | Declaration in Support of Bond Waiver | Mandatory with every request to waive the personal representative's bond (Local Rule 603.07) |
| L-3033 | Declaration re: Ex Parte Application (Probate Ex Parte Coversheet) | Mandatory with every probate ex parte request (Local Rule 601.13) |
| L-1332 | Response to Probate Notes | To clear probate examiner-note deficiencies before the hearing — responses may not be emailed |
| L-3012 | Report of Status of Administration | When reporting on the status of administration under Cal. Prob. Code § 12200 |
| L-0042 | Order Designating Probate Referee | When the court designates the probate referee for the Inventory and Appraisal |
| L-1113 / L-1112 | Trial Setting Conference Statement / Settlement Conference Statement | Contested matters — filed at least five court days before the conference |
Local forms are downloadable from the court's forms page at occourts.org. The statewide DE-series applies in addition, and Local Rule 603.09 makes Judicial Council form DE-147S mandatory for every personal representative.
Fees
| Item | Amount | Notes |
|---|---|---|
| Petition for probate (first-filed petition for letters) | $435 | OC fee schedule effective January 1, 2026, item 124; Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6. No Orange County surcharge |
| Petition to Determine Succession to Real Property | $435 | OC fee schedule item 144; Cal. Gov. Code § 70655(c)(2) (Cal. Prob. Code § 13151 petitions) |
| Delivery of a will to the court (Cal. Prob. Code § 8200) | $50 | OC fee schedule item 169; Cal. Gov. Code § 70626(d) |
| E-filing service-provider fee | Varies by provider | Charged by the approved e-filing provider, not the court; waived for parties with a fee waiver |
Local nuance
Orange County-specific considerations
Probate lives in Costa Mesa, not Santa Ana. All probate filings and hearings for the entire county happen at the Costa Mesa Justice Complex, 3390 Harbor Blvd. — the Central Justice Center in Santa Ana and the county's other justice centers handle no probate. The Probate Clerk's Office is on the 1st floor.
An e-filing pioneer. Orange County has required attorneys to e-file probate documents since September 3, 2013 — among the earliest mandates in California. Self-represented filers are exempt but encouraged. Documents e-filed before midnight on a court day are deemed filed that day; originals (wills, codicils, undertakings) still go to the clerk on paper.
Probate notes are online, with text alerts. Examiner notes publish to ocscefm1.occourts.org/probate-notes, and the court's Probate Examiner Notes Notification Program sends instant text or email alerts when new notes post. Responses must be filed (local form L-1332) — the court will not accept responses or disputes by email. Questions go to [email protected], answered within about 24 hours.
Email continuances, with strict limits. A hearing can be continued by emailing [email protected] by 4:00 PM at least five court days before the hearing — but only for a first continuance, and only if every party agrees and emails separately.
Day-of remote check-in. Under Local Rule 601.02 (effective April 1, 2022), remote appearance is permitted and encouraged for all non-evidentiary probate hearings. There is no advance form: you click the court-provided check-in hyperlink on the day of the hearing, which doubles as your notice of remote appearance. The mode of appearance for evidentiary hearings and trials is set by the court.
The bond-waiver declaration. Orange County is unusually demanding about bond waivers: mandatory local form L-0758 requires estimates of tax liabilities, maximum potential unsecured-creditor exposure, solvency, and the names and addresses of known creditors before the court will waive a personal representative's bond (Local Rule 603.07).
Small-estate Alternatives
The statewide small-estate paths apply in Orange County with no local dollar changes. One local quirk: the Affidavit re: Real Property of Small Value (DE-305, for real property up to $69,625 under Cal. Prob. Code § 13200) is on the court's list of original documents that cannot be e-filed — it must be filed on paper with the Probate Clerk's Office in Costa Mesa, in person or by mail. The standard § 13100 affidavit presented directly to a bank or transfer agent never touches the court and needs no Orange County form.
Recent updates
| Date | Change | Source |
|---|---|---|
| July 6, 2026 | Probate courtroom calendar reassignments took effect (Monday matters from CM03 moved to CM08, Tuesday afternoon matters from CM08 to CM05, Thursday matters from CM06 to CM03 and from CM07 to CM06) | occourts.org Probate Hearings page |
| January 1, 2026 | Orange County fee schedule reissued; the probate first-paper fee is unchanged at $435 with no county surcharge | OC Public Fee Schedule (eff. 1/1/2026) |
| July 1, 2025 | Local Rules Division 6 (Probate) reissued; Rule 601.13 on ex parte petitions revised, keeping the L-3033 coversheet mandatory | OC Local Rules, Division 6 (issued 7/1/25) |
| April 1, 2022 | Local Rule 601.02 adopted: remote appearances permitted and encouraged for all non-evidentiary probate hearings, with day-of online check-in | OC Local Rules, Division 6 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Orange County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition filed with the probate clerk in Costa Mesa (on paper or e-filed), with the hearing usually attended remotely via the day-of check-in link. The court signs DE-226; record it with the Orange County Clerk-Recorder to complete the title transfer. | Asset discovery to confirm community vs. separate property. Packet generation for DE-221, DE-226, MC-025. Title-transfer guidance. |
| Out-of-state adult child, small estate | Small Estate Affidavit under Cal. Prob. Code § 13100 (personal property up to $208,850 for deaths on or after April 1, 2025) goes directly to the banks — no Orange County filing. Real property up to $69,625 uses the § 13200 affidavit (DE-305), filed on paper with the Costa Mesa clerk by mail; a primary residence up to $750,000 uses the §§ 13150–13157 succession petition, with remote appearance at the hearing. | Asset discovery to confirm the estate fits the caps. Packet generation. Online notarization so the child does not need to travel to Costa Mesa. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate at the Costa Mesa Justice Complex: DE-111 requesting full authority, L-0758 if a bond waiver is sought, and DE-147S. Monitor the probate notes online and clear deficiencies with L-1332 before the hearing. The personal representative sells the home under IAEA authority with a Notice of Proposed Action (DE-165). | Asset discovery for the child's assets. Packet generation for DE-111 with IAEA full authority, bond-waiver declaration, and notes responses. |
Self-help resources
| Resource | What it offers |
|---|---|
| Self-Help Kiosk, Costa Mesa Justice Complex (Mon–Thu 8:00 AM – 4:00 PM, Fri 8:00 AM – 3:00 PM) | Live self-help kiosk services covering probate, at the same courthouse where probate is filed |
| Clearing Your Probate Notes workshop | The court's own workshop on reading and clearing probate examiner notes, offered in English, Spanish, and Vietnamese |
| OC probate videos and instruction resources (occourts.org) | The court's instruction videos, free clinics, and probate self-help pages, including guidance on estates of people who have died |
| California Courts Self-Help Guide — Probate (selfhelp.courts.ca.gov/probate) | The Judicial Council's official plain-language guide to every California probate path |
| LawHelpCA (lawhelpca.org) | Directory of free and low-cost legal aid programs serving Orange County |
When to hire an attorney
An Orange County attorney is advisable when the estate exceeds $1 million, when a will contest or heir dispute is likely, when the estate holds business interests or out-of-state property, when ancillary administration is needed for a non-resident decedent, or when probate examiner notes recur and the family cannot clear them. Contested Orange County matters move onto a three-stage track — trial setting conference, mandatory settlement conference, trial — that is difficult to navigate without counsel. Sunset can connect families to a vetted Orange County probate attorney when the situation requires counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Orange County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, real estate (with community-property characterization), business interests, and unclaimed property.
Generate the probate packet. Sunset assembles the full Orange County filing packet for estate settlement: the Judicial Council DE-series forms for your path plus the local forms the county requires, the L-0758 bond-waiver declaration, DE-147S, and any ex parte or notes-response forms the case needs.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted Orange County probate attorney.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file a probate case in Orange County?
At the Costa Mesa Justice Complex, 3390 Harbor Blvd., Costa Mesa, CA 92626 — the Probate Clerk's Office is on the 1st floor, open Mon–Fri 8:00 AM – 4:00 PM. All probate for the entire county files there; the Central Justice Center in Santa Ana and the county's other justice centers handle no probate.
Do I have to e-file probate documents in Orange County?
Attorneys must e-file — mandatory since September 3, 2013 (Local Rule 601.01) — through one of seven approved providers, including One Legal, First Legal, and TurboCourt. Self-represented filers are exempt but encouraged. Original wills, codicils, undertakings, and the Affidavit re: Real Property of Small Value are always filed on paper.
What are probate notes in Orange County and how do I check them?
A probate examiner reviews every petition before the hearing and posts deficiency notes online at ocscefm1.occourts.org/probate-notes. Register for the court's Probate Examiner Notes Notification Program to get an instant text or email whenever new notes post in your case.
How do I respond to Orange County probate notes?
File a response — Orange County's local form L-1332, Response to Probate Notes — before the hearing. The court will not accept responses or disputes by email. Questions about what a note means can go to [email protected], which the court aims to answer within 24 hours.
How do I continue a probate hearing in Orange County?
Email [email protected] no later than 4:00 PM five court days before the hearing, with the hearing date, time, department, case number, and case caption in the subject line. Email continuances work only for a first continuance, and every party must agree and send a separate email.
Can I appear at an Orange County probate hearing remotely?
Yes. Remote appearance is permitted and encouraged for all non-evidentiary probate hearings (Local Rule 601.02). There is no advance form — click the court-provided check-in hyperlink on the day of the hearing. The court sets the mode of appearance for evidentiary hearings and trials when it sets them.
Can I check my Orange County probate case status online?
Yes. The court's Probate Case Access portal at probatepublic.occourts.org lets you search probate cases. The court cautions that the portal is not the official record; certified copies require an in-person visit or a written request.
Does Orange County have local probate forms?
Yes. The most important for a decedent's estate are L-0758 (Declaration in Support of Bond Waiver — mandatory with every bond-waiver request), L-3033 (Probate Ex Parte Coversheet — mandatory with every ex parte request), and L-1332 (Response to Probate Notes). Local Rule 603.09 also makes Judicial Council form DE-147S mandatory for every personal representative.
How much does it cost to file for probate in Orange County?
$435 for the first-filed petition for letters (Cal. Gov. Code § 70650(a); Orange County fee schedule effective January 1, 2026, item 124). Orange County adds no county surcharge. Fee waivers are available on Judicial Council forms FW-001/FW-003.
Do I have to travel to Costa Mesa to settle an Orange County estate?
Usually not. Petitions can be e-filed or mailed, probate notes are read and cleared online, non-evidentiary hearings are attended remotely through the day-of check-in link, and the small-estate affidavit under Cal. Prob. Code § 13100 never touches the court at all — it is presented directly to banks and asset holders.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.