Orange County, CA Court Filing Fees (2026)
What it costs to file at the courthouse in Orange County, California — divorce, probate, small claims, eviction, and name changes — from the California judiciary's published fee schedules. Every amount below links to its source and shows when we last checked it.
| Case type | Court | Filing fee |
|---|---|---|
| Divorce | Superior Court | $435 |
| Probate | Superior Court (Probate Division) | $435 |
| Small Claims | Superior Court (Small Claims Division) | $30–$75 |
| Eviction | Superior Court | $240 |
| Name Change | Superior Court | $435 |
California uses a single Statewide Civil Fee Schedule set by the Judicial Council, so the base filing fee for each case type is the same in all 58 counties — with one exception. Riverside, San Bernardino, and San Francisco counties add a local courthouse-construction surcharge to most first-paper filings (Gov. Code §§ 70622, 70624, 70625), so a handful of fees are higher there. Small claims fees are uniform statewide.
Divorce filing fee in Orange County
Filed with the Orange County Superior Court Clerk — Superior Court.
| Filing | Fee |
|---|---|
| Petition for dissolution of marriage or domestic partnership Gov. Code §§ 70670(b), 70602.5, 70602.6 | $435 |
| Response to a petition for dissolution Gov. Code §§ 70670(d), 70602.5, 70602.6 | $435 |
| Joint petition for dissolution or legal separation (covers both petitioners) Fam. Code § 2342.5(h); Gov. Code §§ 70602.5, 70602.6 | $870 |
| Joint petition for summary dissolution Gov. Code §§ 70670(b), 70602.5, 70602.6 | $435 |
Source: Superior Court of California — Statewide Civil Fee Schedule (effective Jan. 1, 2026) — schedule dated 2026-01-01, last checked 2026-08-25.
- Both spouses pay a first-appearance fee: the petitioner when filing and the respondent when responding. A joint petition for dissolution covers both petitioners in a single $870 fee.
- If you cannot afford the fee, you can ask for a fee waiver with form FW-001; the court grants it based on income or public benefits received.
Probate filing fee in Orange County
Filed with the Orange County Superior Court Clerk — Superior Court (Probate Division).
| Filing | Fee |
|---|---|
| First petition for letters of administration or letters testamentary Gov. Code §§ 70650(a), 70602.5, 70602.6 | $435 |
| First objection to probate of a will, or petition to revoke probate Gov. Code §§ 70650(b), 70602.5, 70602.6 | $435 |
Source: Superior Court of California — Statewide Civil Fee Schedule (effective Jan. 1, 2026) — schedule dated 2026-01-01, last checked 2026-08-25.
- The same first-paper fee is charged for each later petition for letters filed by a different person.
- Publication of the required probate notice in a newspaper is separate and varies by paper, commonly $200 to $600.
Small Claims filing fee in Orange County
Filed with the Orange County Small Claims Clerk — Superior Court (Small Claims Division).
| Filing | Fee |
|---|---|
| Claim for $1,500 or less Code Civ. Proc. § 116.230(b)(1) | $30 |
| Claim for $1,500.01 to $5,000 Code Civ. Proc. § 116.230(b)(2) | $50 |
| Claim for $5,000.01 to $12,500 (natural persons only) Code Civ. Proc. §§ 116.230(b)(3), 116.221 | $75 |
| Filer with more than 12 small claims filed in the last 12 months Code Civ. Proc. § 116.230(c) | $100 |
| Notice of appeal of a small claims judgment Code Civ. Proc. § 116.760 | $75 |
Source: Superior Court of California — Statewide Civil Fee Schedule (effective Jan. 1, 2026) — schedule dated 2026-01-01, last checked 2026-08-25.
- Small claims fees are uniform in all 58 counties — the courthouse-construction surcharge in Riverside, San Bernardino, and San Francisco does not apply to small claims filings.
- Individuals can sue for up to $12,500; businesses and other entities are capped at $6,250 per claim.
- Serving the defendant is extra: certified mail by the clerk is $15 per defendant; sheriff or process-server rates vary.
Eviction filing fee in Orange County
Filed with the Orange County Superior Court Clerk — Superior Court.
| Filing | Fee |
|---|---|
| Unlawful detainer complaint, amount claimed up to $10,000 $225 limited-civil first paper + $15 fee under Code Civ. Proc. § 1161.2 — Gov. Code §§ 70613(b), 70602.5; Code Civ. Proc. § 1161.2 | $240 |
| Unlawful detainer complaint, amount claimed $10,000 to $35,000 Gov. Code §§ 70613(a), 70602.5; Code Civ. Proc. § 1161.2 | $385 |
| Unlawful detainer complaint, amount claimed over $35,000 Gov. Code §§ 70611, 70602.5, 70602.6 | $435 |
Source: Superior Court of California — Statewide Civil Fee Schedule (effective Jan. 1, 2026) — schedule dated 2026-01-01, last checked 2026-08-25.
- The tenant filing an answer pays the matching first-appearance fee for the case level (for most evictions, $240 up to $10,000 claimed).
- Service of the summons and a writ of possession after judgment are billed separately by the sheriff or a registered process server.
Name Change filing fee in Orange County
Filed with the Orange County Superior Court Clerk — Superior Court.
| Filing | Fee |
|---|---|
| Petition for a decree of change of name or gender Gov. Code §§ 70611, 70602.5, 70602.6 | $435 |
Source: Superior Court of California — Statewide Civil Fee Schedule (effective Jan. 1, 2026) — schedule dated 2026-01-01, last checked 2026-08-25.
- Most adult name changes also require publishing an order to show cause in a newspaper once a week for four weeks, which is billed by the newspaper, commonly $80 to $300 depending on the county.
- If you cannot afford the fee, you can ask for a fee waiver with form FW-001.
Civil Lawsuit filing fee in Orange County
Filed with the Orange County Superior Court Clerk — Superior Court.
| Filing | Fee |
|---|---|
| Unlimited civil case (over $35,000) Gov. Code §§ 70611, 70602.5, 70602.6 | $435 |
| Limited civil case ($10,000 to $35,000) Gov. Code §§ 70613(a), 70602.5 | $370 |
| Limited civil case (up to $10,000) Gov. Code §§ 70613(b), 70602.5 | $225 |
Source: Superior Court of California — Statewide Civil Fee Schedule (effective Jan. 1, 2026) — schedule dated 2026-01-01, last checked 2026-08-25.
- The answering party pays a matching first-appearance fee at the same case level.
Common questions
- How much does it cost to file for divorce in Orange County, CA?
- $435, paid to the Superior Court Clerk (Superior Court). Service of process, copies, and certification fees are extra.
- How much does it cost to file probate in Orange County, CA?
- $435, paid to the Superior Court Clerk (Superior Court (Probate Division)). Service of process, copies, and certification fees are extra.
- How much does it cost to file a small claims case in Orange County, CA?
- $30–$75, paid to the Small Claims Clerk (Superior Court (Small Claims Division)). Service of process, copies, and certification fees are extra.
- How much does it cost to file an eviction in Orange County, CA?
- $240, paid to the Superior Court Clerk (Superior Court). Service of process, copies, and certification fees are extra.
- How much does it cost to file a name change in Orange County, CA?
- $435, paid to the Superior Court Clerk (Superior Court). Service of process, copies, and certification fees are extra.
- Can I get the filing fee waived in Orange County?
- Yes. File a fee waiver request (form FW-001) with your first filing. Courts grant it automatically if you receive certain public benefits or your income is under the state threshold.
- Are these fees specific to Orange County?
- The base filing fees in California are set by state law and are the same in Orange County as in every other county. What varies locally: service-of-process fees, copy and certification fees, and any optional local add-ons — confirm those with the Orange clerk.
Sources for Orange County
- Superior Court of California — Statewide Civil Fee Schedule (effective Jan. 1, 2026) — schedule dated 2026-01-01, last checked 2026-08-25