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File Probate in Orange County

At A People’s Choice, we can help you file probate in Orange County. Hiring an Orange County probate attorney is expensive. This is in large part due to the statutory fees Orange County probate attorneys can charge for high valued estates. Attorneys are not paid based on how complex the probate case is, but rather are on a fixed fee schedule based on the value of the estate. For example, an attorney does not necessarily have to prepare more court filings or attend hearings for an estate valued at $2 million versus $7 million. However, the attorney will receive a higher fee with a $7 million estate. Knowing this information ahead of time can help you save thousands of dollars. Read on to learn more about how to file probate in Orange County with A People’s Choice.

Overview of Filing Probate in Orange County

Probate refers to the legal process of transferring a decedent’s assets to his/her beneficiaries. In order to file probate in Orange County, the decedent must have resided in Orange County or owned real property in Orange County. A person must file a petition with the Orange County Superior court (usually an immediate family member of the decedent) to start the probate process. The probate process typically takes between 7 to 10 months to complete and is started by filing a Petition for Probate.

“If you have to file probate in Orange County, I highly recommend using A People’s Choice. They are much less expensive than hiring an Orange county probate attorney.” K. Aley
“By using A People’s Choice to file probate, I was able to save over $15,000 as compared to what I was quoted by an Orange county probate attorney! They made is easy!” K. Aley

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Once the probate petition is filed, the petitioner is responsible for performing several different tasks. These tasks include locating and inventorying the decedent’s property, paying the decedent’s debts and taxes, and distributing the decedent’s property in accordance with his/her will.

When a person files probate in Orange County, online case access is available. This allows a person to view the court docket and see what has transpired in the case. Probate notes can also be accessed online. Probates notes are notes entered by the probate examiner to prepare the case for an upcoming hearing. Generally speaking, probate examiners review Orange County probate petitions three to four weeks before a scheduled hearing. After reviewing the Petition, the examiner will prepare a written summary called “probate notes”. These probate notes identify deficiencies or additional information that is being required by the court. The notes may also identify other documents needed for the probate judge to decide on the case. Although the court’s website indicates probate notes are available three to four weeks before schedule hearings, this is not always the case. You may want to read this article which provides more information about understanding probate notes when you file probate in Orange County. It should be noted that self-represented people can e-mail questions to the probate examiner at ProbateCalendar@occourts.org. All email inquires should contain the following information:

  • Subject line should include the hearing date, time, department, case number and case caption (Example: 01-29-13, 9:00, C03, A23456, JONES)
  • The e-mail message must contain the requestor’s name.
  • Attachments are not allowed.

An individual can ask for a probate hearing to be continued can be made by email as well. A party is only allowed one request for a continuance and the request must be received no later than 4 pm, three days prior to the scheduled hearing. To request a continuance of an Orange County probate hearing, send an email to ContinueProbate@occourts.org. The email should be in the same format as indicated above when emailing the probate examiner.

Local Rules to File Probate in Orange County

If you need to file probate in Orange County, be aware that all probate matters in Orange County are heard at the Central Justice Center in Santa Ana. The court’s address is at 700 Civic Center Drive West, Santa Ana, CA 92701. The court has specific rules for probating an estate. Procedures for how to probate an estate in Orange County are outlined in the published “Local Rules.” These Local rules define the procedure on how to probate an estate.

Contact A People’s Choice for help in completing the documents required to file for probate in Orange County. We offer, low-cost, full-service non-attorney probate for people who need to file probate in Orange County but don’t want to hire an expensive Orange County probate attorney. Call us at 800-747-2780 today!

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By |2018-01-18T15:46:36+00:00November 11th, 2016|Probate|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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