Last verified 2026-07-14; facts checked against the primary sources below
Orange County probate notes, filing, and hearings
Last verified: July 14, 2026
The short answer: Orange County probate cases are filed with the Superior Court's Probate Division at the Costa Mesa Justice Complex using Petition for Probate form DE-111. The filing fee is $435. Attorneys must e-file most probate papers; a self-represented petitioner may file on paper or e-file voluntarily. Before the hearing, check the court's online probate notes and sign up for a text or email alert when a new note appears in the case.
Before you file anything, check whether you need probate at all. The simplified paths at the bottom of this page skip the process entirely for many families.
Orange County probate at a glance
| Fact | Detail |
|---|---|
| Petition form | DE-111, Petition for Probate |
| Filing fee | $435 (no Orange County surcharge) |
| Where to file | Costa Mesa Justice Complex, 3390 Harbor Blvd., Costa Mesa |
| Clerk phone | (657) 622-8452 |
| E-filing | Mandatory for attorneys since 2013; self-represented parties may file on paper |
| Pre-hearing review | Probate notes online, with optional text/email alerts; continuance requests by 4:00 p.m. five court days before the hearing |
| Hearing window | 15 to 30 days after filing by statute (Prob. Code § 8003); often longer in practice |
| Skip probate? | Estate of $208,850 or less: small-estate affidavit. Home worth $750,000 or less: form DE-310 |
Where do you file probate in Orange County?
Probate is heard in the county where the person lived at their death. For Orange County, that means one place (occourts.org):
| Courthouse | Address | Phone |
|---|---|---|
| Costa Mesa Justice Complex | 3390 Harbor Blvd., Costa Mesa, CA 92626 | (657) 622-8452 |
The Probate/Mental Health clerk's office and the probate courtrooms are all at the Costa Mesa Justice Complex (occourts.org). Do not take probate papers to the Central Justice Center in Santa Ana or any other Orange County courthouse.
How much does it cost to file probate in Orange County?
| Item | Fee | Source |
|---|---|---|
| First-filed Petition for Probate (letters testamentary or letters of administration) | $435 | Gov. Code § 70650(a), statewide civil fee schedule effective Jan. 1, 2026 |
| Orange County surcharge | None | The statewide schedule adds local courthouse-construction surcharges only in Riverside, San Bernardino, and San Francisco counties |
If you e-file, the e-filing service provider charges its own convenience fee on top of the $435.
The petition fee is only one part of the total cost. See the California probate-fee guide for statutory attorney and executor compensation, publication, appraisal, bond, and other expenses.
How do you file the petition?
Orange County was an early mover on electronic filing. Since September 3, 2013, "all papers filed by attorneys in probate proceedings, other than the original documents specified below, must be filed electronically." Self-represented parties "are exempt from the mandatory electronic filing requirement, but are strongly encouraged to participate voluntarily" (occourts.org).
E-filing goes through one of the court's approved electronic filing service providers: DDS Legal, E-Filings of America, First Legal, LegalConnect, Nationwide Legal, One Legal, or TurboCourt (occourts.org).
Some documents must still be filed on paper even by attorneys. The most important one for an executor: original wills and codicils cannot be e-filed. Bring or mail the original to the clerk at Costa Mesa.
How long until the first hearing?
State law says the hearing on the petition "shall be set for a day not less than 15 nor more than 30 days after the petition is filed," or 30 to 45 days out if you request it (Prob. Code § 8003). The department's calendar controls the actual setting; use the filed hearing notice rather than an unofficial estimate.
Use the gap well. You must publish notice of the hearing in a newspaper and mail notice to heirs before the hearing, and you should watch your probate notes as the date approaches.
For the statewide stages after appointment, see how long California probate takes.
What are probate notes and how do you clear them?
A court probate examiner reviews your petition before the hearing and posts probate notes listing anything missing or defective (occourts.org).
| What to know | Detail |
|---|---|
| Where to find them | The court's Probate Notes search portal |
| Alerts | You can "register to receive text messages each time a new probate note is posted in a case," or opt for email notice |
| Questions for the examiner | Email [email protected] with the hearing date, time, department, case number, and case caption in the subject line; no attachments; the court aims to respond within 24 hours |
| Continuances | Email [email protected] "no later than 4:00 p.m., five court days before the hearing"; first continuance only; one case and hearing date per email |
| Tentative rulings | Posted separately on the court's Probate Tentative Rulings page |
Sign up for the text alerts on day one. Orange County is the rare court that pushes probate notes to you instead of making you remember to check. The court also runs a free remote "Clear Your Notes" workshop with instructional videos (occourts.org).
What local quirks should an executor know?
- One courthouse for everything probate. Costa Mesa, not Santa Ana.
- The continuance deadline is strict: 4:00 p.m. five court days before the hearing, and only for a first continuance. After that, you appear.
- Probate hearings can be attended by video through department-specific links, with automated check-in for some departments (occourts.org).
- The court reminds personal representatives that California law expects probate to be completed "within one year from the date of appointment," or 18 months if a federal estate tax return is filed (occourts.org). Courts set review hearings against that clock.
Can you skip probate entirely?
Formal probate is the expensive road. Two shortcuts cover many Orange County families, using the thresholds on Judicial Council form DE-300 (rev. April 2025) for deaths on or after April 1, 2025:
| If | Then |
|---|---|
| The probate estate is $208,850 or less | No probate. After 40 days, collect assets with a small-estate affidavit under Probate Code §§ 13100 to 13101 |
| The main asset is the primary residence, worth $750,000 or less | A simplified court petition (form DE-310) instead of full probate |
For what counts toward those numbers and what skips probate automatically, see our California executor checklist.
The Estate Desk handles this for California families. theestatedesk.com
Primary sources
- https://www.occourts.org/divisions/probate
- https://www.occourts.org/divisions/probate/wills-estates-and-trusts
- https://www.occourts.org/location/costa-mesa-justice-complex
- https://www.occourts.org/online-services/efiling/efiling-probate-mental-health
- https://www.occourts.org/divisions/probate/probate-notes
- https://www.occourts.org/divisions/probate/probate-hearings
- https://www.occourts.org/online-services/tentative-rulings/probate-tentative-rulings
- https://courts.ca.gov/system/files/file/statewide-civil-fee-schedule-eff-01012026.pdf
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8003
- https://courts.ca.gov/sites/default/files/courts/default/2024-11/de300.pdf