Last verified 2026-07-14 · every fact checked against the primary sources below

How probate works in Orange County

Last verified: July 14, 2026

The short answer: If the person who died lived in Orange County, you file the Petition for Probate (form DE-111) with the Superior Court's Probate Division at the Costa Mesa Justice Complex. The filing fee is $435. Attorneys have been required to e-file probate papers since 2013; if you are handling it yourself, you may file on paper or e-file voluntarily. Before the hearing, the court posts probate notes online, and you can sign up for a text or email alert every time a new note appears in your 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.

Where you file

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.

What it costs to file

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.

How you file

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.

From filing to 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). In practice, the department's calendar controls, and real dates often land further out. [TODO-VERIFY: current typical weeks from filing to first available hearing date in the Orange County Probate Division]

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.

Probate notes: how the court talks to you before the hearing

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).

Local quirks an executor should 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.

Before you file: check the simplified paths

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 first-30-days guide.

The Estate Desk handles this for California families. theestatedesk.com

The Estate Desk settles California estates for a flat fee: the paperwork, the institutions, the follow-up, carried for you.
Check in 2 minutes whether you need probate at all