Newport Beach Estate Planning Attorneys

Close to home when a plan or a trust needs attention

Newport Beach is right next door to Laguna Beach, so many of the families we help here are practically neighbors. Some want a plan that keeps a valuable home and investments in order for the next generation. Others call after a parent has died, having just found out they're now the successor trustee.

Schlau Rogers LLP is serving Newport Beach from our Laguna Beach office at 1968 S. Coast Hwy, Suite 2498. We are licensed to practice in Newport Beach, California. We can meet remotely, or we'll come to you. We'll explain what each step involves, in plain terms, and we won't promise results that no one can promise.

Just named successor trustee? Start here

When a parent's revocable trust becomes irrevocable at death, the successor trustee takes on real legal duties. In the first few months, those usually include:

• Sending the trustee's notice. California requires a notification to beneficiaries and heirs within 60 days. It also starts the 120-day window for contesting the trust.

• Taking stock. Find the latest trust and any amendments, secure the home, and list and value what the trust owns as of the date of death.

• Telling the assessor. A change in ownership statement is generally due to the county assessor within 150 days after the death.

• Facing the Prop 19 question early. Decide whether a child will move into the home, because the homeowners' exemption deadline is one year.

Source: California Probate Code §16061.7 and Revenue and Taxation Code §480

Most trust administrations are handled without a court case. We guide trustees step by step, on a flat fee or other arrangements. If no family member is a good fit to serve, a professional fiduciary may be an option. See trust administration and our probate and trust administration FAQs.

Property left out of the trust

This comes up often: a house deeded out of the trust for a refinance and never deeded back, a brokerage account opened in one name, or a newer property that never made it into the trust. When that happens, the asset may not pass the way the trust says.

If the paperwork shows the owner intended the asset to be held in trust, the trustee can petition the court for an order saying so. This is called a Heggstad petition, brought under Probate Code section 850. It is usually a more limited proceeding than full probate, but each one depends on its documents. See also Heggstad petitions for bank accounts and investments.

Where Newport Beach probate cases are heard

Newport Beach has its own courthouse, the Harbor Justice Center at 4601 Jamboree Rd. Probate cases aren't heard there. Orange County probate, conservatorship, and guardianship matters go to the Costa Mesa Justice Complex, 3390 Harbor Blvd., Costa Mesa. Before each hearing, a probate examiner reviews the petition and posts written "probate notes" listing anything missing, usually three to four weeks ahead.

Source: Superior Court of California, County of Orange, Self-Help: Probate

When there's no trust, or assets sit outside it, probate typically takes 12 to 18 months. We handle probate, and trust and probate litigation if family members can't agree.

Charitable gifts and estate tax planning

Many clients here want part of what they leave to support a school, a faith community, or a favorite cause. A trust can name charities alongside family, and some gifts can be set up to reduce estate or income taxes. Tax rules change, so we look at your actual numbers and work with your CPA and financial advisor instead of relying on rules of thumb.

How it works

1. Complimentary 15-minute call

Tell us where things stand; we'll point you to a next step. Book here.

2. Strategy session and design meeting

In a paid 30-minute Strategy Session, we review your current trust, deeds, and accounts and talk through your goals for the house and your heirs. Then we design the plan.

3. Signing and funding

We sign together and confirm that your home and accounts are titled in the trust, so nothing gets left out.

4. Ongoing maintenance (optional)

Periodic reviews keep trustees, agents, and gifts current as your family and the tax rules change. See our process.

Estate plan packages and flat fees

Estate plans and Heggstad petitions are billed at flat fees, so you know the fee before we begin. Trust administration and conservatorships are offered on a flat fee or other arrangements basis. Probate and litigation are not flat-fee matters; we'll explain how those fees work during your consultation. If budget is a concern, ask about our Layaway Payment plan for basic plans.

Meet your attorneys

Newport Beach estate planning FAQ

This is general information, not legal advice.

I'm the successor trustee of my parent's Newport Beach trust. What do I do first?

Secure the home and find the original trust and any amendments. Within 60 days, serve the trustee's notification on beneficiaries and heirs. A change in ownership statement is generally due to the county assessor within 150 days of the death. Hold off on distributions until debts, taxes, and any Prop 19 claim are sorted out.

Source: California Probate Code §16061.7 and Revenue and Taxation Code §480

Is there a probate court in Newport Beach?

Not for probate. The Harbor Justice Center at 4601 Jamboree Rd. is in Newport Beach, but Orange County probate cases are heard at the Costa Mesa Justice Complex, 3390 Harbor Blvd.

Source: Superior Court of California, County of Orange, Self-Help: Probate

Our home is worth far more than its tax base. Will our children's property taxes go up?

Often, at least in part. Under Prop 19, only a child who makes the home their principal residence can keep any of the old base, and only for value up to $1,044,586 above the factored base year value (transfers Feb. 16, 2025 through Feb. 15, 2027). Anything over that gets added. We can walk through your numbers with you.

Source: California State Board of Equalization, Proposition 19

We found an account that was never put in the trust. Does it have to go through probate?

Not always. Depending on the asset and the paperwork, a Heggstad petition or another court procedure may avoid a full probate. We'll review what you have and explain the options.

Do I need to come to your office?

No. We meet remotely, or we'll come to you, including at home. If you'd like to stop by, our Laguna Beach office is a short drive down Coast Highway.

Questions about a Newport Beach trust or estate?

Tell us what's happening in a complimentary 15-minute call, and we'll help you sort out what comes first.

© SCHLAU ROGERS LLP is a California based estate planning and business law firm, serving Laguna Beach, Orange, Irvine, along with all of Orange, San Diego, Riverside, and Los Angeles counties. All rights reserved.