Probate in Monterey County

Probate Court Record

Monterey County Superior Court

Monterey County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

1200 Aguajito Road, Monterey, CA 93940

Self-represented filing

Allowed

Self-help forms

How to file probate in Monterey County →

Verified October 15, 2026 · Source

Do I need a lawyer for probate in Monterey County? →Settling an estate in Monterey County →

Estate Law Firms Serving Monterey County

Hollister practice serving San Benito, Monterey, Santa Cruz, and south Santa Clara counties. Handles probate administration and trust administration alongside wills, revocable and irrevocable trusts including special needs trusts, powers of attorney, and business formation. Christine Breen has practiced since 1996 and started the firm in 2013.

Solo PracticeSince 2013Serves 4 countiesEstate PlanningTrust AdministrationProbateSpecial Needs Planning

Boutique Capitola firm serving Santa Cruz County and the surrounding Monterey Bay area. Handles probate, trust administration, conservatorships, and guardianships alongside estate planning and taxation, with three attorneys on staff. Founding attorney Emily J. Buchbinder is a State Bar certified legal specialist in Estate Planning, Trust, and Probate Law.

Serves 2 countiesEstate PlanningTrust AdministrationProbateTax PlanningConservatorshipGuardianship

Santa Cruz firm handling probate and trust administration and estate and trust litigation across Santa Cruz, Monterey, San Benito, and Santa Clara Counties, representing executors, trustees, and beneficiaries in distribution and conservatorship disputes. Partner Steven Penrose has been a Certified Specialist in Estate Planning, Trust & Probate Law since 2004.

Serves 4 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

Hollister and Morgan Hill firm serving San Benito, Santa Clara, and Monterey Counties, focused solely on probate, trust administration, and estate planning. Barbara Pretlove is a California Bar Certified Specialist in Estate Planning, Probate, and Trust Administration and has practiced in the area since 2013. Offers in-person and remote service.

Solo PracticeServes 3 countiesVirtual consultationsEstate PlanningTrust AdministrationProbate

San Luis Obispo firm handling probate, estate settlement, and trust administration on the Central Coast. Prepares the petitions, accountings, and statutory notices a probate requires and advises executors and administrators on their duties. Every attorney in the firm is a certified specialist in Estate Planning, Trust, and Probate Law; fees are quoted as a flat fee or a budget.

Serves 3 countiesEstate PlanningTrust AdministrationProbateTax PlanningBusiness LawReal Estate

Serves San Francisco and the greater Bay Area from downtown San Francisco, and handles probate proceedings in every California county. Guides executors, administrators, and trustees through probate and trust administration alongside estate planning, billing probate work at California Probate Code statutory rates. Founded in 2018.

Since 2018Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbate

All 39 California estate law firms serving Monterey County →

Forms for Planning and Settling an Estate in California

Free California forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for California.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Last Will and Testament

In California, a will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitCal. Prob. Code § 6110Verified Oct 18, 2026View source.

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Healthcare Power of Attorney

California allows a choice for a healthcare power of attorney: 2Cal. Prob. Code § 4701Verified Oct 15, 2026View source witnesses or a notary.

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Financial Power of Attorney

California requires explicit durability language for a power of attorney to survive incapacityCal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Oct 21, 2026View source, and it is signed before 2Cal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source witnesses or a notary.

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Pour-Over Will

In California, a pour-over will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Transfer on Death Deed

In California, a revocable transfer on death deed is signed before a notaryCal. Prob. Code 5600-5698Verified Oct 18, 2026View source and 2Cal. Prob. Code 5600-5698Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's deathCal. Prob. Code 5600-5698Verified Oct 18, 2026View source, within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization. California does not recognize a Lady Bird deed.

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Tools for Planning and Settling an Estate in California

Free calculators and checklists to plan or settle an estate in California: will and trust costs, probate, executor pay and taxes. Run each tool for California.

Trust or Will: Which Costs Less?

In California, a will-based plan pays probate attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.

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Do I Need a Revocable Trust?

Probate in California takes 9 months to 12 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; assets held in a revocable trust skip both.

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How Much Does Probate Cost?

Probate on a $500,000 estate in California costs an estimated $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source. Attorney fees are statutory (set by law)Cal. Prob. Code § 10810Verified Sep 8, 2026View source.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in California costs an estimated $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source and takes 9 months to 12 months for a simple estate, with attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source. Estates under $208,850Cal. Prob. Code § 13100Verified Sep 8, 2026View source can use a small-estate procedure instead.

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How Do I Settle an Estate?

Settling an estate in California: the personal representative files the estate inventory within 120 daysCal. Prob. Code §§ 8800-8804, 8900-8903Verified Sep 15, 2026View source of appointment; creditors have 4 monthsCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source to present claims; a simple estate closes in 9 months to 12 months.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in California runs $4,320Estimate: 10 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,329Estimate: 3 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,658Estimate: 6 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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All California tools