Probate in Santa Clara County

Probate Court Record

Santa Clara County Superior Court - Probate Division

Santa Clara County

Hours

Monday-Thursday 8:30 AM-3:00 PM; Friday 8:30 AM-noon

Office

191 North First Street, San Jose, CA 95113

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

How to file probate in Santa Clara County →

Verified October 15, 2026 · Source

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

Estate Planning Firms Serving Santa Clara County

Serves San Mateo and Santa Clara counties from Redwood City. Handles trust and probate administration, conservatorships and guardianships, and probate and trust litigation, with seven attorneys certified as specialists in Estate Planning, Trust, and Probate Law. Practicing on the Peninsula since 1987.

Since 1987Serves 2 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

Serves San Francisco, San Mateo, and the surrounding Bay Area from downtown San Francisco. Handles probate and trust administration through asset distribution and title transfers, plus conservatorships and trust and estate litigation. Principal Sheila Robello holds an LLM in taxation and is a State Bar certified specialist in Estate Planning, Trust and Probate Law.

Serves 5 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust LitigationConservatorship

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

Represents executors, trustees, and beneficiaries across San Mateo, San Francisco, and Santa Clara counties from a downtown Redwood City office near the courthouse, handling probate and trust administration, probate and trust litigation, and estate and gift tax questions. Michael E. Pitts has practiced in San Mateo County for more than 30 years and offers a free half-hour consultation.

Solo PracticeServes 3 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

Redwood City solo practice serving San Mateo, Santa Clara, San Francisco, Alameda, and Santa Cruz counties. Rebecca Matthias drafts revocable and irrevocable trusts, wills, powers of attorney, health care directives, and HIPAA authorizations, and handles probate and trust administration after a death.

Solo PracticeServes 5 countiesEstate PlanningTrust AdministrationProbateAsset Protection

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

All 43 California estate planning firms serving Santa Clara 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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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.

Calculate Costs

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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Are My Beneficiary Designations Protected?

California automatically revokes an ex-spouse as beneficiary at divorceCal. Prob. Code § 5040Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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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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All California tools