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.

Record a TOD deedWhere to recordLocal attorneys

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 Aug 24, 2026View source witnesses and notary acknowledgmentCal. Prob. Code 5600-5698Verified Aug 24, 2026View source. The deed takes effect only if it is recorded within 60 daysCal. Prob. Code 5600-5698Verified Aug 24, 2026View source of notarization and before the owner's deathCal. Prob. Code 5600-5698Verified Aug 24, 2026View source.

Create a CaliforniaTOD deed →San Benito Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for San Benito County are recorded with the County Clerk-Recorder, led by County Clerk-Recorder-Registrar of Voters Francisco Diaz, at 1601 Lana Way, Hollister, CA 95023. Phone: (831) 636-4046. Hours: Monday - Friday, 8:00 AM - 5:00 PM; Recording hours 8:30 AM - 4:30 PM (8:30 - 8:45 AM reserved for title companies).

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 $93 to record in San Benito County, which is $18 in recording fees plus the $75 Building Homes and Jobs Act Fee (SB 2). A revocable transfer on death deed is exempt from transfer tax.

San Benito County accepts electronic recording through SECURE (Orange County multi-county ERDS network).

Recording Office Record

County Clerk-Recorder

San Benito County · County Clerk-Recorder-Registrar of Voters · Francisco Diaz

Address

1601 Lana WayHollister, CA 95023

Fax

(831) 636-2939

Hours

Monday - Friday, 8:00 AM - 5:00 PM; Recording hours 8:30 AM - 4:30 PM (8:30 - 8:45 AM reserved for title companies)

E-recording

Available via SECURE (Orange County multi-county ERDS network)E-recording info →
Visit recorder website →

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
Transfer tax on a TOD deedExempt

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

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Verified July 26, 2026 · Source

Estate Planning Attorneys Serving San Benito County

Solo PracticeHollister, CA

Breen Law Firm

Since 2013 · Serves 4 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateSpecial Needs Planning

Office
330 Tres Pinos Rd, Suite F8-4Hollister, CA 95023

FirmSalinas, CA

JRG Attorneys at Law

Since 1998 · Serves 3 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 3 more

Office
318 Cayuga StSalinas, CA 93901

FirmSanta Cruz, CA

Penrose Chun & Gorman LLP

Serves 4 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 4 more

Office
1200 Pacific Ave, Suite 260Santa Cruz, CA 95060

Solo PracticeHollister, CA

Pretlove Law, PC

Serves 3 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate

Office
615 San Benito St., Ste. A-206Hollister, CA 95023
Virtual consultations

FirmSan Francisco, CA

Cappelloni Law PC

Since 2018 · Serves the whole state

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate

Office
315 Montgomery Street, Suite 960San Francisco, CA 94104
Free consultationVirtual consultations

FirmSan Rafael, CA

CunninghamLegal

Serves the whole state

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more

Office
899 Northgate Drive, Suite 307San Rafael, CA 94903
Free consultationVirtual consultations
See all 28 firms serving San Benito 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.

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