Orange County Probate: Complete Guide for Attorneys

Courthouse Information {#courthouse-info}

Orange County's probate matters are handled at the Lamoreaux Justice Center in the city of Orange. While smaller than Los Angeles, OC has its own distinct procedures and requirements that attorneys must understand.

Lamoreaux Justice Center

Address: Lamoreaux Justice Center 341 The City Drive South Orange, CA 92868

Hours: Monday-Friday, 8:00 AM - 4:00 PM Filing window: Closes at 4:00 PM (recommend arriving by 3:30 PM)

Location Details

The Lamoreaux Justice Center is located near The Outlets at Orange (formerly The Block):

By car:

• Near I-5 and Highway 22 interchange
• Parking available in courthouse lot
• Parking fee applies (credit card or cash)

By transit:

• OCTA bus routes serve The City Drive
• Metrolink to Orange station (then bus or rideshare)

Clerk's Office

The probate clerk's office on the first floor handles:

• Initial filings
• Document processing
• Certified copies
• Fee collection
• General inquiries

Tip: OC clerks are helpful but busy. Have all documents organized and ready before approaching the window.

Probate Departments {#probate-departments}

Orange County assigns probate cases to the Probate Panel, with cases distributed among several judges.

Department Assignments

Probate departments:

• C5 - Probate
• C6 - Probate
• C7 - Probate
• C8 - Probate

Cases are assigned randomly at filing. Your department remains the same throughout the case unless transferred.

Judge Preferences

Each judge has preferences for how matters are presented. Over time, you'll learn these preferences through experience. Key differences:

• Some judges prefer detailed declarations; others want brevity
• Some hold attorneys strictly to time estimates; others are flexible
• Some encourage tentative rulings; others decide at hearing

Checking Your Assignment

Your department appears on:

• Filing receipt
• Online case summary
• Court notices

Online lookup: occourts.org (case search)

OC Local Rules {#local-rules}

Orange County's local rules are found in the Orange County Superior Court Local Rules, available on the court's website.

Key Local Rules for Probate

Rule 603 - General Provisions:

• Filing requirements
• Hearing procedures
• Document formatting

Rule 604 - Probate:

• Petition requirements
• Order formatting
• Distribution procedures

Rule 605 - Guardianship and Conservatorship:

• Specific procedures for these case types
• Investigation requirements

Formatting Requirements

Orange County requires:

Paper and margins:

• Standard 8.5 x 11 paper
• At least 1-inch margins
• Numbered lines on pleading paper

Caption requirements:

• Superior Court of California, County of Orange
• Department number
• Case number
• Document title
• Hearing date, time, and department (if applicable)

Font requirements:

• Readable size (12-point minimum recommended)
• Standard fonts (Times, Arial, Courier)

Order Formatting

OC has specific requirements for proposed orders:

• Space for judge's signature
• Specific formatting for findings and orders
• May require particular language

The Examiner System {#examiner-system}

Like LA County, Orange County uses probate examiners to review filings before hearings.

How OC's System Works

1. File your documents (at least 30 days before hearing typically)
2. Examiner reviews your filing
3. Notes posted online (usually 10-14 days before hearing)
4. You address issues by filing supplemental documents
5. Hearing proceeds once notes resolved

Accessing Examiner Notes

Online access:

• Orange County Superior Court website
• Case Access portal
• Look under "Calendar Notes" or "Examiner Notes"

Timing:

• Notes typically posted 10-14 days before hearing
• Check regularly — posting dates vary

Common OC Examiner Notes

Examiners frequently note:

Notice deficiencies:

• Missing parties on notice
• Incorrect notice period
• Proof of service incomplete

Form issues:

• Wrong or outdated forms
• Missing required attachments
• Incomplete fields

Substantive issues:

• Bond calculation incorrect
• Missing required declarations
• Inventory valuation questions

Responding to Notes

Before hearing:

• File supplemental documents addressing each note
• Reference the specific note number
• Provide clear explanation if applicable

At hearing (not recommended):

• Can address minor issues verbally
• Major issues often result in continuance
• Better to resolve in advance

Filing Procedures {#filing-procedures}

E-Filing

Orange County uses e-filing for most documents:

Platform: File & Serve Xpress or other approved providers

Requirements:

• Register on approved platform
• Documents in PDF format
• Pay filing fees electronically
• Receive electronic confirmation

E-filing tips:

• Submit by 4:00 PM for same-day processing
• Verify acceptance within 24 hours
• Keep confirmation receipts

In-Person Filing

Still available for those who prefer:

• Bring original plus copies for filing
• Copies will be conformed (stamped) and returned
• Pay by check, money order, or credit card
• Allow time for clerk processing

Filing Fees (2024)

| Document | Fee | |----------|-----| | Petition for Probate | $465 | | Will deposit only | $65 | | Petition for Final Distribution | $0 | | Ex parte application | $60 | | Motion | $60 | | Certified copy | $25 first page + $3/additional |

Note: Verify current fees on court website before filing.

Setting Hearings

Process:

• File petition or motion
• Request hearing date through court reservation system
• Typical lead time: 30-45 days for regular matters
• Ex parte: Same day or next day (by appointment)

Ex Parte Procedures

For emergency matters:

• Contact probate department clerk
• Explain urgency
• Request ex parte hearing date
• Prepare ex parte application with declaration of urgency

OC-Specific Forms {#oc-specific-forms}

Orange County occasionally requires local forms in addition to Judicial Council forms.

Local Forms

Order forms: OC may have preferred order templates for certain matters. Check with the clerk or review samples from court website.

Cover sheets: Civil Case Cover Sheet may be required with initial filing.

Using Judicial Council Forms

Most filings use standard Judicial Council DE forms:

• DE-111 (Petition for Probate)
• DE-140 (Order for Probate)
• DE-160 (Inventory and Appraisal)
• DE-295 (Petition for Final Distribution)

Key point: Always use current versions. Outdated forms may be rejected.

Where to Find OC Forms

Orange County Superior Court website:

• Forms section
• Probate subsection
• Local forms when applicable

Judicial Council website:

• All current DE forms
• Instructions for each form

Hearing Procedures {#hearing-procedures}

Calendar Structure

OC probate operates on calendar call:

• Multiple matters set at same time (typically 8:30 AM or 1:30 PM)
• Clerk calls cases
• Attorneys respond and wait for their case

Check-In

When you arrive:

1. Find your courtroom (C5-C8 typically)
2. Sign in on calendar outside courtroom
3. Enter when doors open
4. Wait for case to be called

Remote Appearances

Orange County allows remote appearances:

• CourtCall or approved video conferencing
• Must arrange in advance
• Confirm department accepts remote for your matter type

Tentative Rulings

Some OC departments post tentative rulings:

• Available afternoon before hearing
• Check court website or call clerk
• Can contest tentative at hearing

If you accept tentative:

• Notify court you accept
• May not need to appear
• Order processed based on tentative

Hearing Conduct

At hearing:

• Stand when addressing the court
• Address judge as "Your Honor"
• Be concise and prepared
• Have all documents ready to reference

Uncontested matters:

• Often very quick (5-10 minutes)
• Judge reviews file, asks questions, signs order
• May be called first if all notes addressed

Common OC Issues {#common-oc-issues}

Publication Requirements

Orange County requires publication in an adjudicated newspaper:

• Verify newspaper is adjudicated for OC
• Publish for required period (varies by matter type)
• File proof of publication timely

Common newspapers:

• Orange County Reporter
• Daily Pilot (for certain areas)
• Check current adjudication list

Bond Calculations

Bond issues appear frequently in examiner notes:

• Calculate based on estate value
• Include all assets subject to administration
• Use statutory bond calculation

Notice to Creditors

Ensure proper notice:

• Publication notice
• Direct notice to known creditors
• Proof of service for each

DHCS Notice

The 90-day DHCS notice is critical:

• Send within 90 days of Letters being issued
• Certified mail, return receipt requested
• Keep proof in file
• This deadline carries personal liability risk

Tips for Success in OC {#tips-for-success}

Learn the System

Orange County is smaller than LA but still has significant volume. Spend time learning:

• Online case access system
• Examiner notes process
• Department preferences

Check Notes Early

Don't wait until the last minute:

• Check for examiner notes as soon as posted
• Address issues promptly
• File supplemental documents early

Build Relationships

OC legal community is tight-knit:

• Join Orange County Bar Association probate section
• Attend local CLEs
• Network with other probate attorneys

Prepare Thoroughly

OC judges appreciate preparation:

• Anticipate questions
• Have statutory citations ready
• Bring all relevant documents to hearing

Use Technology

ProbateYoda helps with:

• OC-specific forms and formatting
• Deadline tracking (including DHCS)
• Examiner notes reminders
• County-specific procedures

Stay Current

OC procedures evolve:

• Subscribe to court announcements
• Monitor local rule changes
• Attend OCBA probate section meetings

Develop Courthouse Familiarity

Visit the courthouse when you're not under deadline pressure:

• Learn the layout
• Observe other hearings
• Understand clerk procedures

Orange County probate is manageable once you understand the local procedures. The examiner system actually helps by identifying issues before hearings, allowing you to resolve problems in advance rather than facing surprises in court.