Probate Attorney Anaheim & Orange County, CA

Being named executor is an honor, and it often arrives at one of the hardest moments in a family’s life. You may be grieving a parent or spouse while also facing court forms, deadlines, banks, and a house full of belongings. Most people have never been through probate before, and it is natural to feel unsure where to start.

Goodman Estate Law helps executors and families in Anaheim and across Orange County move through probate in an orderly, cooperative way. Our focus is the everyday work of settling an estate: preparing and filing petitions, meeting notice and court requirements, making court appearances in front of the judge, working with the probate referee, handling creditor claims, and getting assets to the people who should receive them.

Quick Answer

Goodman Estate Law helps executors and families in Anaheim and throughout Orange County complete uncontested probate and related court procedures, including full probates, spousal property petitions, small estate transfers, primary residence petitions, and Heggstad petitions for assets left outside a trust. Most uncontested Orange County probates take about 12 to 18 months. The firm does not handle will contests or probate litigation and will refer those matters to litigation counsel.

Facing Probate in Orange County? Start with a Free Consultation.

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Who We Help

Our probate practice is built for executors, administrators, and family members who are working together to settle an estate. We regularly help:

Adult children named as executor in a parent’s will

Surviving spouses who need to confirm or transfer property

Families whose loved one died without a will

Successor trustees who discover that a home or account was never transferred into the trust

Out-of-state executors handling a loved one’s Orange County property

What we do not handle.

Goodman Estate Law does not take on will contests, trust contests, or other probate litigation. If your matter involves a dispute among family members or a challenge to a will or trust, we will let you know at the outset and can suggest that you consult litigation counsel. Our goal is to make sure you get the right kind of help from the start.

When Is Probate Required in California?

In California, probate is generally required when a person dies owning assets in their name alone, without a beneficiary designation or a funded trust, and the gross value of those assets exceeds $208,850 (for deaths on or after April 1, 2025). Because Orange County homes often exceed that figure on their own, many local estates require probate even when the family thinks of them as modest.

A will alone does not avoid probate. Assets that usually pass outside probate include property held in a funded living trust, accounts with named beneficiaries or payable on death designations, and property held in joint tenancy with right of survivorship. Our post on the 2026 California probate threshold explains what counts toward the limit.

Probate Services We Provide

Probate Administration

We guide executors and administrators through the full probate process: filing the petition with the Orange County Superior Court, attending all required court hearings, obtaining letters testamentary or letters of administration, publishing and mailing required notices, preparing the inventory and appraisal with the probate referee, managing creditor claims, and seeking court approval for final distribution. Where appropriate, we request authority under the Independent Administration of Estates Act, which can allow the personal representative to handle many tasks with less court involvement.

Spousal and Domestic Partner Property Petitions

When property passes to a surviving spouse or registered domestic partner, a full probate may not be necessary. A spousal property petition under Probate Code section 13650 asks the court to confirm that property belongs to, or passes to, the surviving spouse without formal administration. This is often faster and less expensive than a full probate.

Small Estate Transfers

For estates under California’s small estate limits, simpler procedures may be available, such as the small estate affidavit for personal property under Probate Code section 13100. We can help you determine whether an estate qualifies and prepare the required documents.

Primary Residence Petitions (AB 2016)

Since 2025, California law offers a petition procedure for a decedent’s primary residence valued at $750,000 or less, which may allow the home to pass without a full probate. Our article on California’s $750,000 probate shortcut explains how it works.

Heggstad Petitions for Assets Left Outside a Trust

Sometimes a person creates a living trust but never transfers the house or an account into it. In many cases, a petition under Probate Code section 850, commonly called a “Heggstad” petition (after the case Estate of Heggstad), can ask the court to confirm that the asset belongs to the trust based on the trust document and other written evidence. When successful, this can avoid a full probate. Our post on funding your trust explains why these gaps happen.

Ancillary Probate for Out-of-State Owners

When a resident of another state dies owning real estate in Orange County, a California ancillary probate may be needed to transfer that property. We help out-of-state executors complete the California side of the process.

Simple Process

How Long Does Probate Take in Orange County?

Most uncontested Orange County probates take about 12 to 18 months. Orange County probate matters are heard at the Costa Mesa Justice Complex, and the court’s probate examiners review filings before each hearing. Careful preparation can help avoid continuances. Typical phases include:

Filing and appointment (about 2 to 4 months or more):

The petition is filed, notice is published, and the court appoints the personal representative.

Creditor claim period and inventory (about 4 months):

Creditors generally have four months after letters are issued to file claims, while the inventory and appraisal are prepared.

Administration (about 4 to 6 months or more):

Bills, taxes, and property matters are handled, and any sales are completed.

Final distribution and discharge (about 2 to 4 months or more):

The court approves distribution, assets are transferred, and the personal representative is discharged.

Our article on how long probate takes in Orange County explains common causes of delay.

Let’s Talk Through Your Probate Situation.

1240 N. Lakeview Ave, Suite 270, Anaheim, CA 92807

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How Much Does Probate Cost in California?

California sets the basic fees for the probate attorney and the personal representative by statute (Probate Code sections 10810 and 10800). Each is generally entitled to 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. Fees are calculated on the gross value of the estate, without subtracting mortgages. For a $1,000,000 estate, that is $23,000 for the attorney and $23,000 for the executor, before court costs and other expenses. Simplified procedures, such as spousal property petitions and Heggstad petitions, are not subject to this schedule and are often far less expensive.

Named Executor? Five First Steps

Locate the original will. California law generally requires the person holding an original will to deliver it to the court clerk within 30 days after learning of the death.

Order certified death certificates. Banks, title companies, and the court will need them.

Secure the home and valuables. Lock the property, keep insurance in place, and collect mail.

Make a list of assets and how each is titled. Note what is in the decedent’s name alone, what has a beneficiary, and what may be in a trust.

Avoid distributing or selling anything yet. Until the court appoints you, you generally do not have authority to act for the estate.

Why Families Choose Goodman Estate Law

Local and personal. Brett Goodman grew up in Tustin, lives in Villa Park, and works with families throughout Orange County from his Anaheim office.

Clear communication. You will know what is happening, what comes next, and what is needed from you.

Consultations in Spanish. Brett is fluent in Spanish, and consultations are available in Spanish.

Flexible meetings. Free consultations are available by phone, video, or in person.

Trusted by local families. Clients have shared their experiences in five-star reviews on Google. Read more on our client testimonials page.

If a trust is involved instead of, or in addition to, a will, our trust administration team can help with that process as well. We serve families in Anaheim, Anaheim Hills, Aliso Viejo, Brea, Corona del Mar, Costa Mesa, Fullerton, Irvine, La Habra, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Santa Ana, Tustin, Villa Park, and Yorba Linda.

Our step-by-step checklist for California executors walks through the full process.

Talk With an Orange County Estate Planning Attorney

If you have been named executor, if your loved one has passed away without a will, or if you need help with a spousal property petition, small estate, or Heggstad petition, Brett Goodman can walk you through your options in a free consultation. Call or text Goodman Estate Law at (949) 768-1491 or schedule a free consultation online.

FAQ

Probate in California

Do I need a probate attorney in California?

California does not require an executor to hire an attorney, but probate involves strict court procedures, notice rules, and deadlines. Many executors find that working with a probate attorney helps avoid delays, rejected filings, and personal liability.

How long does probate take in Orange County?

Most uncontested Orange County probates take about 12 to 18 months. Estates with real estate sales, tax issues, or disputes may take longer.

How much does probate cost in California?

Attorney and executor fees are set by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million, each. On a $1,000,000 estate, combined statutory fees are about $46,000, before court costs.

Does Goodman Estate Law handle will contests or probate litigation?

No. Goodman Estate Law focuses on uncontested probate and related court petitions. If your matter involves a will contest, trust contest, or family dispute, we will let you know at the outset and can suggest that you consult litigation counsel.

What is a spousal property petition?

It is a court petition under Probate Code section 13650 that asks the court to confirm property passes to, or belongs to, a surviving spouse or registered domestic partner without a full probate. It is often faster and less expensive than formal administration.

What is a Heggstad petition?

A Heggstad petition, filed under Probate Code section 850, asks the court to confirm that an asset left in the decedent’s name belongs to their living trust, based on the trust document and other evidence. When successful, it can avoid a full probate.

What happens if someone dies without a will in California?

Their probate assets pass under California’s intestacy laws, generally to a surviving spouse or registered domestic partner and then to children or other relatives. A family member can petition to be appointed administrator.

Where are probate cases heard in Orange County?

Orange County probate matters are heard by the Probate Department of the Orange County Superior Court at the Costa Mesa Justice Complex.

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