What to Do When Someone Dies in Modoc County, California

How probate works in Modoc County: the Superior Court record, what the process costs, and how to file there.

Probate Court Record

Modoc County Superior Court

Modoc County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

205 South East Street, Alturas, CA 96101

Self-represented filing

Allowed

Self-help forms

Self-represented filing

AllowedLocal Rule 14.05 requires counsel or the self-represented petitioner to prepare probate orders.

Hearing schedule

  • Decedent estate petitions are heard on the Friday 10:00 AM law and motion calendar (the 1st and 3rd Friday) and conservatorships on Wednesdays at 1:30 PM, per the court calendar for October 13-16, 2026; Local Rule 14.01 lists the probate calendar on Mondays at 10:00 AM and notes that the day and hour change from time to time

Self-help center

  • Robert A. Barclay Justice Center Lobby, 205 South East Street, Alturas, CA 961011-530-233-4444 · Monday-Friday 8:30 AM-4:30 PMAppointments by phone or email. Listed areas of assistance are adoption, custody and visitation, child and spousal support, court procedure, divorce, expungements, landlord/tenant, mediation, paternity, small claims, traffic, legal forms and reference materials; probate is not listed.

Verified October 15, 2026 · Source

How Probate Works in Modoc County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Modoc County, probate runs through the Superior Court at 205 South East Street, Alturas. Modoc County is one of 7 California counties where probate filings are still paper-only; most probate courts in the state accept electronic filing.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under California intestacy law when there is no will.

Most California estates take 12 months to 18 months to move through this process. Creditors have 4 monthsCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source to present a claim, counted from the opening of the estate.

What Probate Costs in Modoc County

What probate costs in Modoc County, California comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Superior Court at 205 South East Street, Alturas.

California charges $435Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

California sets attorney fees by statute — a percentage of the estate's gross value. Every attorney charges the same schedule, so the decision to hire one comes down to complexity, not price.

California sets executor compensation by statute — about $13,000 on a $500,000 estate, roughly 2.6%Cal. Prob. Code § 10800Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

California requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Cal. Prob. Code §§ 8480 (bond required before letters issued), 8481 (waiver: will provision or all-beneficiary written waiver; court may still require bond for good cause)Verified Sep 8, 2026View source of estate value annually.

Probate in California typically runs 12 months to 18 months, and costs accrue throughout that period.

How to File Probate at the Superior Court

Probate cases in Modoc County are filed at the Superior Court. File in person during business hours or by mail.

Beside the filing office, the court lists separate lines for Civil Division (Probate), Law and Motion Calendar, and Language Access Representative.

Appointments by phone or email. Listed areas of assistance are adoption, custody and visitation, child and spousal support, court procedure, divorce, expungements, landlord/tenant, mediation, paternity, small claims, traffic, legal forms and reference materials; probate is not listed.

Can You File Without an Attorney?

In California, informal probate is not availableCal. Prob. Code §§ 8005 (hearing on the petition), 8006 (court admits the will and appoints the personal representative); no registrar or clerk informal probate trackVerified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

For a full cost comparison and filing checklist, see the Modoc County Self-Filing Assessment.

Modoc County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

Fax filing is accepted at $1.00 per page; the original signed documents and copies are mailed or brought to the court with the fax-filing fee.

A fax-filed document carries the words "BY FAX" immediately below its title. The fax filing number is (530) 233-6500; a fax received after 5:00 PM or on a court holiday is deemed filed the next court day (Local Rule 2.12).

Source

All documents supporting a calendared probate pleading, including proofs of publication, waivers, inventories and proposed orders, are filed no later than five court days before the hearing.

Source

Document Requirements

Originals are filed organized, two-hole-punched and stapled, with the appropriate number of copies; the clerk does not accept copies that are not organized and stapled.

Source

A copy of the will or codicil offered for probate is attached to the petition, with a typewritten copy of any handwritten instrument.

Source

Court Appearances

Zoom and CourtCall (telephonic) appearances are permitted for certain circumstances in probate cases; remote appearances are requested on Judicial Council forms RA-010 and RA-015.

Source

Verified petitions in decedent estate matters are submitted without an appearance, except that the attorney or petitioner appears on a petition to confirm a sale of real property or of personal property over $100.

Before denying a petition with no required appearance, the court continues it to a future law and motion calendar; with no appearance at the continued hearing, the matter may be dropped (Local Rule 14.06).

Source

Service Requirements

The Public Administrator of Modoc County is the District Attorney (204 S. Court Street, 2nd Floor, Alturas; P.O. Box 1171, Alturas, CA 96101), who receives notice wherever the Public Administrator may have priority to serve.

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What to Bring

Filed with the opening petition at the Superior Court: Certified copy of the death certificate (required by some counties with the petition; not a statewide DE-111 attachment); Original will and any codicils (lodged with the court) (Cal. Prob. Code § 8200); Notice of Petition to Administer Estate (DE-121) with proof of publication and mailed notice (§§ 8100, 8120); Duties and Liabilities of Personal Representative (DE-147); Confidential Supplement to Duties and Liabilities of Personal Representative (DE-147S), where the court requires it by local rule; Proposed Order for Probate (DE-140)Cal. Prob. Code §§ 8000-8577 (appointment & letters); §§ 8002, 10450 (petition contents)Verified Aug 24, 2026View source.

Death Certificates and the Coroner in Modoc County

In California a death is registered locally, and in Modoc County certified copies of the death certificate are issued by Recorder, Modoc County as well as by California Department of Public Health - Vital Records.

Vital Records Office Record

County Recorder

Modoc County · Recorder

Hours

Monday-Friday 8:30 AM-noon and 1:00 PM-5:00 PM

Office

204 South Court Street, Suite 106, Alturas, CA 96101

Order online

Fax

1-530-233-6237

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Sheriff-Coroner

Modoc County · Sheriff's Office

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

102 South Court Street, Alturas, CA 96101

Mail and offices

Fax

1-530-233-4971

Verified November 2, 2026 · Source

Funeral Homes in Modoc County

1 funeral home or crematory in Modoc County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.

In Alturas, Kerr Mortuary was established in 1915 and serves the families of Modoc County and beyond. Its chapel in downtown Alturas accommodates moderate-sized groups for funeral services, and the home arranges burial and cremation along with ceremonies or memorials.

BurialCremation

Funeral homes in Modoc County →

Funeral homes by city: Alturas

Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.

Transferring Property in Modoc County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.

Deeds and other real property documents for Modoc County are recorded with the County Recorder at 204 South Court Street, Suite 106, Alturas, CA 96101. Phone: 1-530-233-6217. Hours: Monday-Friday 8:30 AM-noon and 1:00 PM-5:00 PM.

The County Recorder charges $10 for the first page plus $3 for each additional page.

Modoc County accepts electronic recording through CeRTNA.

Recording Office Record

County Recorder

Modoc County

Hours

Monday-Friday 8:30 AM-noon and 1:00 PM-5:00 PM

Office

204 South Court Street, Suite 106, Alturas, CA 96101

Fax

1-530-233-6237

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Modoc County

California allows independent administrationCal. Prob. Code §§ 10400 (Independent Administration of Estates Act), 10500(a) (administer without court supervision), 10501 (actions still requiring court supervision)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in California are set by statute as a percentage of the estate's value, so every Modoc County attorney charges the same schedule. Price isn't the variable — experience with the Superior Court and responsiveness are.

A probate attorney files the petition with the Superior Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

Redding practice on Eureka Way handling Shasta County probate — the collection, management, and distribution of a decedent's estate through the court — plus living trusts, wills, and business law, with a second California office in Costa Mesa and a Middle Tennessee office in Brentwood. Attorney Douglas A. Wright publishes his fees, including flat-fee small-estate probate.

Solo PracticeEstate PlanningProbateBusiness Law

Chico firm serving Butte, Tehama, Glenn, Lassen, Plumas, Modoc, Lake, Mendocino, and Shasta Counties, representing the executor or trustee in administering a decedent's estate from initial probate through final accounting. Also handles Medi-Cal and long-term-care planning, special needs trusts, and veterans benefits. Partners Neil A. Harris and Nicole R. Plottel are Certified Elder Law Attorneys.

Since 2011Serves 9 countiesEstate PlanningTrust AdministrationProbateElder LawSpecial Needs Planning+2

Chico practice serving Butte, Plumas, Placer, Sacramento, Lassen, and Glenn counties, with satellite offices in Rocklin, Sacramento, and Lake Almanor. Handles probate for personal representatives, making the court appearances and preparing the pleadings an estate requires, and resolves probate and trust litigation. Daniel Alexander has practiced in these areas since 1996.

Solo PracticeSince 1996Serves 6 countiesEstate PlanningProbateProbate LitigationTrust Litigation

General-practice law firm with offices in Chico and Red Bluff serving Butte, Glenn, Tehama, and Yuba Counties. Estate practice covers wills, trusts, and probate — assisting testators, administrators, and beneficiaries — alongside family law and personal injury matters.

Solo PracticeServes 4 countiesEstate PlanningTrust AdministrationProbate

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

Serves Marin County from San Rafael, with offices across Northern and Southern California and statewide service by phone and video. Handles probate, trust administration, and Medi-Cal and elder law matters alongside estate and tax planning. Founder Jim Cunningham heads the San Rafael office and is a State Bar certified specialist in Estate Planning, Trust and Probate Law.

Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning+3

See all 35 firms serving Modoc County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

Legal Sources

(10)·

Data sourced from California statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in California

Free tools for settling an estate in California: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.

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.

See the Steps

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.

See the Steps

Can I Self-File Probate?

In California, informal probate is not availableCal. Prob. Code §§ 8005 (hearing on the petition), 8006 (court admits the will and appoints the personal representative); no registrar or clerk informal probate trackVerified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

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