Newport Beach Living Trust: Bypass $99,944 in Statutory Probate Fees

Reviewed by Rozsa Gyene, California attorney. Last reviewed October 2026.

Zillow put the typical Newport Beach home at $3,697,219 on August 31, 2026. If that house is left in one person's name, probate is opened at the Costa Mesa Justice Complex and the statutory attorney and executor fees on that value total $99,944.38. A funded living trust keeps it out of court for a $400 trust plus a $100 deed.

Create Your Living Trust: $400 Call (818) 337-4071

Quick Answer

Sign a revocable living trust, then record a deed with the Orange County Clerk-Recorder that puts your Newport Beach home in the trust's name. Without it, the house goes through probate at the Costa Mesa Justice Complex, and on Zillow's typical Newport Beach value of $3,697,219 the statutory attorney and executor fees alone are $99,944.38. The trust costs $400 for one person or $500 for a married couple.

Key Takeaways

Orange County Probate Court for Newport Beach Estates

Courthouse
Superior Court of California, County of Orange, Costa Mesa Justice Complex (Probate/Mental Health)
Address
3390 Harbor Boulevard, Costa Mesa, CA 92626
Phone
Probate/Mental Health (657) 622-8452, 8:00 a.m. to 4:00 p.m., Monday through Friday; court main information line (657) 622-6878
Probate department
The Probate/Mental Health clerk's office and courtrooms, which hear decedents' estates, wills and trusts, conservatorships and guardianships

Newport Beach has no courthouse that hears probate. Every Orange County decedent's estate is filed with the Probate/Mental Health unit at the Costa Mesa Justice Complex on Harbor Boulevard, where the court moved its probate hearings on May 1, 2023. The Central Justice Center in Santa Ana hears civil cases but not probate. The Lamoreaux Justice Center in Orange houses Probate Court Services, the investigators who look into conservatorships and guardianships, and no estate hearings are held there.

Lawyers who appear in Costa Mesa work under Local Rule 601.01, which requires probate papers to be filed electronically through an approved filing service provider. A few originals still have to be delivered on paper, and an original will is one of them. Self-represented parties are exempt from e-filing. Before a decedent's estate petition is heard, the court posts probate examiner notes listing what is missing, such as proof of publication or notice, and the petitioner has to clear them.

For a Newport Beach family the real question is which assets would ever reach that building. A house, a rental condo or a brokerage account titled in the trust does not. The successor trustee manages and distributes them under the trust document, with no petition, no examiner notes and no court order to sell. Property left in your individual name is what pulls the family into Costa Mesa.

Recording a Newport Beach Trust Deed

Recorder
Orange County Clerk-Recorder Department
Address
In person: County Administration South, 601 N. Ross Street, Santa Ana, CA 92701; North County Branch, 222 S. Harbor Blvd., Suite 110B, Anaheim; South County Branch, 24031 El Toro Road, Suite 160, Laguna Hills. The branches record real property documents from 9:00 a.m. to 4:00 p.m. (Anaheim closes noon to 1 p.m.). By mail: 601 N. Ross Street, Santa Ana, CA 92701.
Phone
Document examiners (714) 834-2887; Assessor change of ownership questions (714) 834-5031
Recording fee
$12.00 for the first page and $3.00 for each additional page (2026 fee schedule). A $20.00 survey monument fee applies to a grant deed whose legal description is not a complete lot and tract.
SB 2 fee
$75.00 per title under Government Code §27388.1, capped at $225 per transaction, unless an exemption is labeled on the face of the document or on a cover page. Our deed of the Newport Beach home you live in claims the owner-occupier exemption in §27388.1(a)(2), so the fee is usually not charged on it. Rentals, second homes and vacant land pay it.
PCOR
A Preliminary Change of Ownership Report (BOE-502-A) is required with any document that changes ownership. Without one, the county adds a $20.00 fee, the amount Revenue and Taxation Code §480.3 allows.

The Clerk-Recorder's help center says an original signed and notarized document can be recorded in person at any of the three offices, three documents per transaction at the counter. Mailed documents go to the Santa Ana office with a check, cashier's check or money order payable to the County of Orange. The county also mails the owner a free courtesy notice whenever a document affecting title is recorded, so expect one after your own trust deed.

The trust transfer deed runs from you as owner to you as trustee and copies the legal description and Assessor's Parcel Number from your vesting deed. On the PCOR you check the box for a transfer into a revocable trust. Under Revenue and Taxation Code §62(d) that is not a change in ownership, so the Orange County Assessor keeps your Proposition 13 base year value and sends no supplemental bill. The county's documentary transfer tax is $0.55 per $500, but nothing is sold when you deed a house to your own revocable trust, and the deed states the Revenue and Taxation Code §11930 exemption, so the tax is $0.00. From January 1, 2027, AB 2224 (Stats. 2026, ch. 292) raises the base recording fee in Government Code §27361 to $15.00 for the first page and $4.00 for each additional page, so Orange County's posted totals will change. Our office prepares the deed and PCOR for $100 per property, and you record them. See the trust transfer deed guide and the page on living trust property tax rules.

Probate Fees on a Typical Newport Beach Home

Zillow's Home Value Index put the typical Newport Beach home at $3,697,219 as of August 31, 2026 (all homes, middle tier, from Zillow's research files). That is a typical value, not a median sale price. Probate Code §10810 pays the estate's attorney 4% of the first $100,000 of the gross estate, 3% of the next $100,000, 2% of the next $800,000 and 1% of the next $9 million. Probate Code §10800 gives the executor the same amount. Gross means the mortgage is not subtracted. Most of a typical Newport Beach house falls in the 1% tier, and the result is more than double the $46,000 the same schedule produces on a $1 million house.

Statutory tierPortion of $3,697,219RateFee
First $100,000$100,0004%$4,000.00
Next $100,000$100,0003%$3,000.00
Next $800,000$800,0002%$16,000.00
Next $9,000,000$2,697,2191%$26,972.19
Statutory fee, one side$49,972.19
Attorney fee plus executor feex 2$99,944.38

Run your own numbers in the probate cost calculator

Before the filing fee, the referee, publication, bond or any extraordinary fees, the two statutory fees come to about $99,944. A trust is $400 for one person or $500 for a couple. The California probate fees guide walks through each charge. Neither shortcut in the Probate Code helps with a Newport Beach house: the small estate affidavit under Probate Code §13100 stops at $208,850, and the Probate Code §13151 petition for a primary residence stops at $750,000, both for deaths on or after April 1, 2025.

Moorings, Piers, Beacon Bay and Other Newport Beach Details

Corona del Mar, Newport Coast and a one-year jump

Zillow publishes neighborhood series for two parts of Newport Beach, and both are above the citywide figure. The same statutory schedule gives these results for August 31, 2026:

Area (Zillow)Typical value, Aug. 31, 2026Attorney plus executor fees
Newport Beach, citywide$3,697,219$99,944.38
Corona del Mar$4,258,222$111,164.44
Newport Coast$5,527,901$136,558.02

A year earlier, on August 31, 2025, Zillow's citywide figure was $3,340,467, and the statutory fees on it were $92,809.34. In twelve months the cost of probating the same typical house went up by $7,135.04, because every added dollar of value above $1 million adds two cents of fees, one for the attorney and one for the executor. A trust costs the same whatever the house is worth. Corona del Mar was annexed in 1923 and Newport Coast in 2002, and both are inside the city: the same county recorder, the same county assessor and the same Costa Mesa probate court apply.

Mooring permits in Newport Harbor

Newport Harbor was dredged out of the Newport Bay estuary in the early 1900s, and Wikipedia, citing the Newport Harbor Yacht Club, puts its fleet at about 9,000 boats. Boats not kept at a dock or marina tie up on offshore or onshore moorings over tidelands that the city holds in trust for the state. Municipal Code §17.60.040 calls a mooring permit a license for the temporary use of a location in the harbor. It gives no ownership interest in the tidelands underneath, and no deed touches it.

Whether a trust can hold the permit depends on when it was issued. Permits issued on or after July 13, 2023, the effective date of Ordinance No. 2023-8, are not transferable at all. Permits issued before that date remain transferable unless surrendered or revoked, and only those may be held by an inter vivos trust, family trust or similar trust, so long as every trustor is a natural person and the primary permittee is the trustee. The Harbormaster must approve every transfer in writing. The code waives the transfer fee, normally 75 percent of a year's mooring rent, when the permittee moves the permit to himself or herself as trustor of a living trust, and also for a transfer to immediate family, defined as a spouse and heirs at law to the second degree of consanguinity (blood relationship). A transferable permit may change hands only once in any twelve months, except to immediate family.

Leaving a transferable permit out of the trust has a cost. The code lets an executor or administrator hold a transferable permit only for the time before the estate is distributed, so a permit left in your own name is handled inside the probate case. The city's transfer summary shows how often these permits move inside families: its yearly rows for 2017 through September 1, 2026 list 960 transfers, 159 of them family transfers, with $19,324,786 in total prices paid. The printed total on the same page, 806 transfers, 136 family transfers and $16,317,734, adds up only the years 2017 through 2024. A mooring license, the city's month-to-month rental of a city-owned mooring, is different: the city says licenses are not transferable, so there is nothing for a trust to hold. The Harbor Department is at Marina Park, 1600 W. Balboa Boulevard, (949) 270-8159.

Residential piers and docks

When any part of a private pier behind a bayfront house extends into public tidelands, the owner pays the city a pier permit rental fee for that part. Under Chapter 17.60 a residential pier permit is issued on request of the owner of the abutting upland residential property, for up to ten years, and is extended when that property is sold and the new owner asks. When a permittee sells the house, a transfer request must reach Public Works within 30 days or an extra fee applies, and the pier is inspected for plumbing, electrical and structural compliance before the permit is transferred. The city's page says signatures are due at close of escrow and processing takes five to 15 working days.

Your trust deed moves the house, and the pier permit is tied to the owner of the house. The code describes a transfer when the house is sold, not when an owner deeds it to his or her own trust. The step that matters comes later: when your successor trustee sells the house, the trustee signs the pier transfer form as seller. Keep the permit and the latest inspection letter with your trust papers so the trustee can find them, and call Public Works at (949) 644-3044 if you want the permit record to show you as trustee now.

Beacon Bay: a house on a city ground lease

Beacon Bay is a different kind of ownership. A State Lands Commission staff report from March 2012 describes it as 2.8 acres divided into 72 residential lots, which the city leases out, partly as owner and partly as trustee of state tidelands. Leases on the form approved in 1994 run to July 1, 2044, and in 2012 the city proposed letting owners give up those leases for new ones of up to 50 years, on payment of an option fee, until January 1, 2015. Owners there hold a leasehold, not a fee title, and the lease controls who may hold it. The form of lease attached to that 2012 report bars assignment except for lender financing and a list of exempt transfers. One of them is a transfer to the lessee's living trust, but only where the sole beneficiaries are the lessee, the lessee's spouse or a co-owner who took title as a joint tenant or tenant in common at the same time as the lessee. If your trust names children as beneficiaries, that clause may not fit as written, and the remaining lease term does not grow because of a transfer. Bring us your own lease before anything is assigned; older leases may read differently.

The islands, boats and short-term rentals

Balboa Island, Little Balboa Island, Collins Island, Bay Island, Harbor Island, Lido Isle, Linda Isle and Newport Island are all man-made islands now covered with private homes. A house on any of them that you own outright is deeded into the trust like any other parcel. The boat tied up behind the house is personal property and is not covered by the deed. A boat registered with the California DMV is retitled there (the DMV's vessel page lists a $15 transfer fee); at a minimum it belongs on the assignment of personal property.

If you rent out a cottage or second unit by the night or week under a city short-term lodging permit, the city's rule is plain: permits are not automatically transferred when title changes, and the owner must notify the city. A transfer to a trust must be completed within 365 days of the title transfer, a transfer to a buyer within 60 days, and a transfer to an heir within 90 days. The current owner signs a seller form and the new owner a buyer form, so when you deed a permitted rental to yourself as trustee you complete both. Because a rental is not your residence, its trust deed is also where the $75 SB 2 fee applies.

An older city that plans for incapacity

Newport Beach had 85,239 residents in the 2020 Census, and 24.1 percent of them were 65 or older. The census counted 45,016 housing units; of the occupied ones, 54.1 percent were owner occupied. With that many older owners, incapacity matters as much as death. If you cannot manage your affairs, the successor trustee you name takes over everything titled in the trust without a conservatorship case in Costa Mesa. The durable power of attorney covers accounts left outside the trust, and the advance health care directive names who speaks with your doctors.

Proposition 19 at Newport Beach values

A long-held Newport Beach house usually carries a Proposition 13 value far below market. The trust deed keeps that value, but at your death Proposition 19 limits what a child can inherit. At least one child must make the house a principal residence and file for the homeowners' exemption within one year, and even then any market value above your taxable value plus $1,044,586 (transfers from February 16, 2025 to February 15, 2027) is added. Take a Corona del Mar house at Zillow's typical $4,258,222 with a taxable value of $500,000: the excluded amount stops at $1,544,586, so $2,713,636 is added to the child's assessment. A rental or a second home gets no exclusion. The claim, BOE-19-P, is filed with the Orange County Assessor within three years. The trust can say which child takes the house and give the trustee time to let that child file. Our Prop 19 inheritance guide covers the details.

How to Create and Fund a Living Trust in Newport Beach

  1. Answer the questionnaire onlineFrom home in Newport Beach, answer the online questions about your family, your Orange County real estate, any mooring permit, pier permit, Beacon Bay lease or boat, your accounts and who should serve as successor trustee. You can save your answers and come back.
  2. Attorney prepares your documentsRozsa Gyene, a California attorney, prepares the trust, pour-over will, durable power of attorney, advance health care directive and certification of trust from your answers and reviews them before delivery.
  3. Sign before a notarySign the trust and the power of attorney before any California notary public, including one in Newport Beach. The pour-over will is signed before two witnesses, as the signing instructions explain.
  4. Record a trust transfer deed with the Orange County RecorderDeed your Newport Beach home to yourself as trustee and record it with the Orange County Clerk-Recorder, in person in Santa Ana, Anaheim or Laguna Hills or by mail to 601 N. Ross Street, Santa Ana, with a Preliminary Change of Ownership Report. The deed for the home you live in claims the SB 2 owner-occupier exemption on its face; a rental or second home pays the $75 fee.
  5. Deal with harbor permits and city permitsAsk the Harbor Department to approve moving a transferable mooring permit to you as trustee, keep the residential pier permit papers with the trust, and send the city's short-term lodging permit transfer forms within 365 days if the property holds such a permit.
  6. Retitle bank and brokerage accountsGive each bank and brokerage firm the certification of trust and ask it to retitle the account in your name as trustee, or to add the trust as the payable on death beneficiary where the institution allows it.
  7. Review beneficiary designationsRetirement accounts, pensions and life insurance pass by beneficiary designation, not by the trust. Confirm each designation names the people or the trust you intend, with a contingent beneficiary.

What the $400 Newport Beach Package Includes

A single trust is $400 and a married couple's trust is $500. A deed for your Newport Beach house, or for another Orange County parcel, is a separate $100 per property. You reach the attorney directly at (818) 337-4071, and you can sign before any California notary, including one in Newport Beach. For how the price compares, see what a California living trust costs.

Newport Beach Living Trust Questions

Where is probate heard for a Newport Beach estate?

Orange County Superior Court files and hears probate at the Costa Mesa Justice Complex, 3390 Harbor Boulevard, Costa Mesa, CA 92626, where its Probate/Mental Health clerk's office and courtrooms are located. The Probate/Mental Health line is (657) 622-8452, staffed 8:00 a.m. to 4:00 p.m., Monday through Friday. Attorneys must file probate papers electronically under Local Rule 601.01. A Newport Beach home already titled in a funded living trust is not part of any case there.

What would probate cost on a typical Newport Beach home?

Zillow's typical home value for Newport Beach was $3,697,219 on August 31, 2026. On that gross value the statutory attorney fee under Probate Code §10810 is $49,972.19, and the executor may take the same amount under §10800, for a combined $99,944.38. The $435 filing fee and a probate referee commission of about $3,697 are added on top. A living trust is $400 for one person or $500 for a married couple.

Where do I record the trust transfer deed for my Newport Beach home?

With the Orange County Clerk-Recorder. Its help center says a signed and notarized original can be recorded in person at County Administration South, 601 N. Ross Street, Santa Ana, at the North County Branch in Anaheim or at the South County Branch, 24031 El Toro Road, Suite 160, Laguna Hills. Mailed documents go to 601 N. Ross Street, Santa Ana, CA 92701. The 2026 schedule charges $12.00 for the first page and $3.00 for each additional page, plus $20.00 if no Preliminary Change of Ownership Report comes with the deed. Our office prepares the deed for $100 per property and you record it.

Is the $75 SB 2 fee charged on a Newport Beach trust deed?

Usually not for the home you live in. Our deed claims the owner-occupier exemption in Government Code §27388.1(a)(2) on its face, and the Orange County fee schedule requires the exemption to be labeled on the face of the document or on a cover page. A rental, a second home or vacant land pays the $75 fee, capped at $225 per transaction. Documentary transfer tax is $0.00 on a deed into your own revocable trust under Revenue and Taxation Code §11930.

Can my Newport Harbor mooring permit go into my living trust?

Only if it is a transferable permit. Under Municipal Code §17.60.040, mooring permits issued on or after July 13, 2023 cannot be transferred, while permits issued before that date stay transferable unless surrendered or revoked. A transferable permit may be held by an inter vivos or family trust if every trustor is a natural person and the primary permittee is the trustee. The Harbormaster must approve the transfer in writing, and no transfer fee is charged when you move the permit into your own living trust.

Does my residential pier permit follow my Newport Beach house into the trust?

The pier permit is issued to the owner of the abutting residential property and goes with that property, not with the boat. Municipal Code Chapter 17.60 requires a transfer request to Public Works when the house is sold, within 30 days or an added fee is charged, and the pier must pass inspection first. A deed to your own trust is not a sale, but the trustee who later sells the house will sign the transfer form, so keep the permit papers with the trust documents.

I hold a short-term lodging permit. What happens when the house goes into my trust?

The permit does not move by itself. The City of Newport Beach says permits are not automatically transferred when title changes and that the owner must tell the city. A transfer to a trust must be completed within 365 days of the title transfer, using the city's seller and buyer forms, and the permit must be active and compliant. After a death, a transfer to an heir must be completed within 90 days of the title transfer.

Will moving my Newport Beach home into my trust raise my property taxes?

No. Revenue and Taxation Code §62(d) says a transfer into a trust you can revoke is not a change in ownership, so the Orange County Assessor keeps your Proposition 13 base year value. You claim the exclusion on the Preliminary Change of Ownership Report filed with the deed. The tax question comes at death: a child keeps your value under Proposition 19 only by living in the home, and market value above your taxable value plus $1,044,586 is still added.

Sources

Checked October 6, 2026. Fees, permits and addresses change; confirm with the office before you file, record or transfer.

  1. Probate/Mental Health division, Superior Court of California, County of Orange
  2. Court designation list (effective June 30, 2025), Orange County Superior Court
  3. Court telephone numbers, Orange County Superior Court
  4. eFiling for Probate/Mental Health (Local Rule 601.01), Orange County Superior Court
  5. Probate self-help and probate notes, Orange County Superior Court
  6. Probate hearings at the Costa Mesa Justice Complex from May 1, 2023, Orange County Superior Court
  7. Lamoreaux Justice Center facilities (Probate Court Services), Orange County Superior Court
  8. Hours and locations, Orange County Clerk-Recorder
  9. How do I record a real property document?, Orange County Clerk-Recorder help center
  10. Property document recording services, Orange County Clerk-Recorder
  11. Fee schedule (2026), Orange County Clerk-Recorder
  12. Change of ownership and transfer processing FAQs, Orange County Assessor
  13. Preliminary Change of Ownership Report, BOE-502-A, Orange County Assessor copy
  14. Proposition 19, California State Board of Equalization
  15. Statewide civil fee schedule effective January 1, 2026, Judicial Council of California
  16. Probate Code §890 adjusted amounts, Judicial Council of California
  17. Newport Beach home values, Zillow Home Value Index, August 2026
  18. Zillow Home Value Index, city and neighborhood series, August 31, 2026, Zillow Research
  19. Newport Beach Municipal Code Chapter 17.60, Harbor Permits and Leases (noncommercial pier permits; §17.60.040 Mooring Permits), eCode360
  20. Mooring permittees and licensees, transfer log, City of Newport Beach Harbor Department
  21. Harbor dock and pier permits, City of Newport Beach Public Works
  22. Transfer a short-term lodging permit, City of Newport Beach
  23. Beacon Bay Bill (tidelands grant), City of Newport Beach
  24. Calendar Item C77, Beacon Bay residential leases (March 29, 2012), California State Lands Commission
  25. Newport Beach, California (2020 Census, harbor, islands, annexations), Wikipedia
  26. Vessel registration, California DMV
  27. Probate Code §10810, California Legislative Information
  28. Probate Code §10800
  29. Probate Code §8961
  30. Probate Code §9100
  31. Probate Code §13100
  32. Probate Code §13151
  33. Revenue and Taxation Code §62
  34. Revenue and Taxation Code §480.3
  35. Revenue and Taxation Code §11930
  36. Government Code §27388.1
  37. AB 2224 (Stats. 2026, ch. 292), recording fees from January 1, 2027

Keep Your Newport Beach Home Out of Probate Court

An attorney-prepared living trust for $400, or $500 for a married couple, signed before any notary in Orange County.

Create Your Trust: $400 Call (818) 337-4071

Law Offices of Rozsa Gyene, 3500 W. Olive Ave., Suite 300, Burbank, CA 91505. California State Bar #208356.

Attorney Rozsa Gyene

Legal Review By

Rozsa Gyene, Esq.

California State Bar #208356 | Licensed Since 2000

25+ years estate planning experience in California