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Orange County Probate Guide

Superior Court of California, County of Orange · Updated January 2026

(657) 622-5600County Clerk
Family Guide
Professional Reference
Superior Court of California, County of Orange|
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Filing & Fees

Complete Fee Schedule

Source ↗

Probate Filing Fees

Filing TypeFee
Petition for Probate
Standard probate filing fee
$435
Small Estate Affidavit
For estates under threshold (no court filing needed)
$0
Spousal Property Petition
Transfer community property to surviving spouse
$435
Real Property Petition
Transfer real property without full probate
$435

Accepted Payment: Cash, Check, Credit Card, Money Order

Note: Make checks payable to 'Clerk of the Court'. Fees set by California Uniform Civil Fee Schedule.

Document Fees

Certified Copy (per page)
$1
Certification (per document)
$2
Payment Methods: Cash, Check, Credit Card, Money Order

Make checks payable to 'Clerk of the Court'. Fees set by California Uniform Civil Fee Schedule.

Required Documents

  • Petition for Probate(DE-111)

    Judicial Council form - starts probate case

  • Notice of Petition to Administer Estate(DE-121)

    Must be mailed/served to heirs and beneficiaries

  • Death Certificate

    Certified copy required. Order 10-15 copies.

  • Original Will (if exists)

    Original will must be filed with court

  • Duties and Liabilities of Personal Representative(DE-147)

    Must be signed by personal representative

  • Inventory and Appraisal(DE-160)

    Due within 4 months of appointment. Probate referee appraises non-cash assets.

  • Notice of Administration to Creditors(DE-157)
  • Petition for Probate(DE-111)
  • Notice of Petition to Administer Estate(DE-121)
  • Death Certificate

    Certified copy required.

  • Duties and Liabilities of Personal Representative(DE-147)
  • Inventory and Appraisal(DE-160)

E-Filing & Filing Methods

Source ↗
Orange County E-Filing for Probate/Mental HealthProbate Forms
Filing Methods: in person, e file

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
30 days
Creditor Claims
4 months
Known Creditor Notice
30 days

Creditor Claims

Period Starts
date of first publication of notice to creditors
Statute
California Probate Code sections 9100-9103

Publication Requirements

Notice to Creditors

Newspaper
Orange County Register
Duration
Once a week for 3 successive weeks
Deadline
Within 30 days after letters issued
Est. Cost
Varies by newspaper and county - typically $150-$400

Alternatives: Daily Journal (Orange County), Orange County Business Journal

Notice of Petition/Administration

Must be sent within 15 days to:

  • All heirs named in will
  • All intestate heirs (if no will)
  • Spouse or domestic partner

Hearing Scheduling

Related Proceedings

Property Recording

Source ↗

Recording Fees

First Page
$25.00
Additional Pages
$3.00
Records Search Property Search

Guardianship

Guardianship is for adults who are not a child's parents to get custody of the child.

Filing Fees

Person Only
$435
Property/Estate
$435
guardianship of person

Guardian makes decisions about child's care, welfare, and education

guardianship of estate

Guardian manages child's property and finances

Court Rules & Orders

Local Rules

  • Local Rule 317 applies to probate matters
  • E-filing available for probate and mental health matters
  • Probate hearings are at Costa Mesa Justice Complex
  • Online conservatorship orientation available in multiple languages
Sources (6)