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 →

Trust Administration 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 47 California trust administration 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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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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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.

How Do I Settle a Trust?

Settling a trust in California happens outside court: the trustee acts under the state's trust statuteCal. Prob. Code § 15000 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysCal. Prob. Code §§ 16061.7, 16061.8, 16064, 16460Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In California, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)Cal. Prob. Code §§ 15680-15688Verified Sep 18, 2026View source unless the trust instrument sets a different amount.

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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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Do I Have to File Tax Returns for Someone Who Died?

California requires a final state income tax return for the decedent alongside the federal Form 1040Cal. Rev. & Tax. Code §§ 17041, 17043; Cal. Const. art. XIII, § 36(f)(2)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in California take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesCal. Rev. & Tax. Code § 17041(a), (e), (h) — rate schedule; estates/trusts taxed at individual rates; annual bracket indexingVerified Sep 15, 2026View source.

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