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.
Estate Planning for San Benito County, California Property Owners
For most San Benito County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a San Benito County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Superior Court. The two tools that keep a San Benito County home out of probate are a transfer-on-death deed recorded with the County Clerk-Recorder, and a revocable living trust that holds title to the property.
Skipping this planning step means the Superior Court decides who receives the property: a simple California probate takes 9+ months and opens with $435 in court filing fees. California also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
Record a Transfer-on-Death Deed in San Benito County
A revocable transfer on death deed names a beneficiary who receives San Benito County property automatically at the owner's death, without probate. It is recorded with the County Clerk-Recorder during the owner's lifetime and can be revoked at any time.
Before recording, a California revocable transfer on death deed is signed with 2Cal. Prob. Code 5600-5698Verified Oct 18, 2026View source witnesses and notary acknowledgmentCal. Prob. Code 5600-5698Verified Oct 18, 2026View source. The deed takes effect only if it is recorded within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization and before the owner's deathCal. Prob. Code 5600-5698Verified Oct 18, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for San Benito County are recorded with the County Clerk-Recorder at 1601 Lana Way, Hollister, CA 95023. Phone: 1-831-636-4046. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk-Recorder charges $15 for the first page plus $3 for each additional page. A 2-page revocable transfer on death deed costs $95 to record in San Benito County, which is $18 in recording fees plus the $75 Building Homes and Jobs Act Fee (SB 2) and the $2 Restrictive Covenant Modification Fee (AB 1466). A revocable transfer on death deed is exempt from transfer tax.
San Benito County accepts electronic recording through SECURE.
Recording Office Record
County Clerk-Recorder
San Benito County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
1601 Lana Way, Hollister, CA 95023
Website
E-recording
Fax
1-831-636-2939
Recording fees
| Base fee (first page) | $15 |
| Each additional page | $3 |
| GC 27388.1 Building Homes and Jobs Act Fee (SB 2)Applies to a TOD deed | $75 |
| GC 27388.2 Restrictive Covenant Modification Fee (AB 1466)Applies to a TOD deed | $2 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Cal. Gov. Code 27361; Cal. Gov. Code 27388; Cal. Gov. Code 27388.1; Cal. Gov. Code 27388.2; Cal. Rev. & Tax. Code 11911; Cal. Rev. & Tax. Code 11930
Verified October 16, 2026 · Source
Estate Planning Attorneys Serving San Benito County
Central Coast firm serving Monterey, San Benito, and Santa Cruz Counties since 1998, with offices in Salinas, Monterey, and Hollister. Its estate attorneys guide trustees and executors through trust administration and probate, including the court-supervised process for estates over the small-estate threshold. Bilingual assistance for Spanish-speaking clients.
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.
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.
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.
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.
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
(2)·
- Cal. Prob. Code 5600-5698
- Cal. Gov. Code 27361; Cal. Gov. Code 27388; Cal. Gov. Code 27388.1; Cal. Gov. Code 27388.2; Cal. Rev. & Tax. Code 11911; Cal. Rev. & Tax. Code 11930
Data sourced from California statutes and official state code. How we research.
Forms for Planning Your Estate in California
Free forms for planning your estate in California: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for California.
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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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Codicil to a Will
In California, a codicil is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, like a will.
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Free
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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Free
HIPAA Release
In California, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information, mental health records and substance abuse treatment recordsCal. Health & Safety Code § 120980(a), (g) (Stats. 2006, Ch. 20, § 4); Cal. Welfare & Institutions Code § 5328(a), (a)(2) (Stats. 2023, Ch. 191, § 9 / SB 137); Cal. Health & Safety Code § 11845.5(a), (b), (e) (Stats. 2024, Ch. 847, § 69 / AB 2995)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.
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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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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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Vehicle Transfer on Death
California allows a transfer-on-death beneficiary designation on a vehicle titleCal. Veh. Code §§ 4150.7, 5910.5 (vehicles); §§ 9852.7, 9916.5 (vessels)Verified Oct 21, 2026View source, filed through the California Department of Motor Vehicles (DMV).
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Living Will
In California, the living will is the Advance Health Care DirectiveCal. Prob. Code Div. 4.7 (Health Care Decisions Law), §§ 4600-4806; Part 2 (Uniform Health Care Decisions Act), §§ 4670-4743Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
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Tools for Planning Your Estate in California
Free tools for planning your estate in California: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for California.
How Do I Sign Estate Documents?
In California, a will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and notarization is not requiredCal. Prob. Code § 6110Verified Oct 18, 2026View source.
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Will My Estate Documents Transfer?
California recognizes a will signed under the law of the place where it was signedCal. Prob. Code § 6113Verified Oct 18, 2026View source; a will signed in California itself needs 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and notarization is not requiredCal. Prob. Code § 6110Verified Oct 18, 2026View source.
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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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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in California runs $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 $299 up front with an online service, and probate on a $500,000 estate adds about $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In California, a parent names a guardian for a minor child in a will or a separate signed writingCal. Prob. Code §§ 1500, 1501, 1502, 1514Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Cal. Fam. Code § 6500Verified Sep 15, 2026View source.
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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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California Estate Planning Articles
Estate planning articles for California.
