A family-owned funeral home and crematory in Hollister that serves all of San Benito County, established in the 1870s. It provides funeral services with casket, cremation, burial at sea or scattering of cremated remains, and arranges shipment out of the state or the country. Planning ahead is available with payment plans.
What to Do When Someone Dies in San Benito County, California
How probate works in San Benito County: the Superior Court record, what the process costs, and how to file there.
Probate Court Record
San Benito County Superior Court
San Benito County
Phone
Hours
Monday-Friday 8:00 AM-3:30 PM
Office
450 Fourth Street, Hollister, CA 95023
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysLocal Rule 10.13 makes electronic filing through an approved electronic filing service provider mandatory in probate cases from January 1, 2023; self-represented parties are exempt and encouraged to e-file. E-filed documents are text-searchable PDFs, and filings other than a self-represented party's carry electronic bookmarks to each heading and exhibit. A document received by 11:59 PM on a court day is filed that day. On paper: Affidavits re Real Property of Small Value; Wills and codicils, for filing or safekeeping; Letters (probate, guardianship, conservatorship); Bonds and undertakings; Subpoenaed documents and financial documents submitted by a private professional conservator; Orders to deposit money and receipts of depository; Documents lodged provisionally under seal or filed in sealed cases.
Filing in person
Walk-ins acceptedThe clerk's office at the courthouse takes filings in person from 8:00 AM to 3:30 PM; the building is open 8:00 AM to 5:00 PM. Probate cases are filed with the Civil Division clerk.
Self-represented filing
AllowedThe Probate page links the statewide guides on wills, estates and conservatorships and the State Bar lawyer referral service. Every pleading is signed by the attorney and each representative, the representative personally signs the verification, and a proposed order accompanies every petition.
Hearing schedule
- Probate is heard Mondays at 10:00 AM in Department 1.
Self-help center
- Main Courthouse, 450 Fourth Street, Hollister1-831-636-4057 · (option 6) · self-help@sanbenitocourt.org · Monday-Friday 8:00 AM-3:30 PMThe Self-Help Center gives brief walk-in help, usually under 15 minutes after signing in, with guardianship of the person, limited conservatorship, small claims, family law, restraining orders, name changes and evictions; decedent estates are not among its listed areas. It provides no interpreters, so visitors bring their own.
Departments
- Civil Division (probate filings)1-831-636-4057 · (option 4) · Monday-Friday 8:00 AM-3:30 PM
About the court
- All case types, including probate, are filed and heard at the Main Courthouse in Hollister. Court calendars are prepared seven to ten days ahead, and future dates are on the court's Public Portal.
Verified October 15, 2026 · Source
How Probate Works in San Benito 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 San Benito County, probate runs through the Superior Court at 450 Fourth Street, Hollister. San Benito County runs probate e-filing through sanbenito.courts.ca.gov, the only California county on that system.
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 San Benito County
What probate costs in San Benito 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 450 Fourth Street, Hollister.
Procedures at this court that affect cost: A petition for final distribution sets out the assets on hand, each heir's entitlement, the fee and commission computation, a tax statement, a schedule of claims and the other items the rule lists; ordinary overhead such as copying, phone calls and mileage is not a reimbursable cost.
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 San Benito County, California are filed at the Superior Court.
Beside the filing office, the court lists a separate line for Civil Division (probate filings).
The Self-Help Center gives brief walk-in help, usually under 15 minutes after signing in, with guardianship of the person, limited conservatorship, small claims, family law, restraining orders, name changes and evictions; decedent estates are not among its listed areas. It provides no interpreters, so visitors bring their own.
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 San Benito County Self-Filing Assessment.
San Benito 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
Proposed orders and affidavits of publication are filed or lodged at least three court days before the hearing.
SourceEx parte probate applications, including special administration, are scheduled by calling the court and submitting the application by 10:00 AM on the court day before the hearing.
SourceThe petition caption names every order sought and states whether any part of the estate is distributed to a trust.
SourceDocument Requirements
A petition to establish the fact of death to end a joint tenancy or life estate is verified and attaches the instrument creating the interest and a copy of the death certificate.
SourceCourt Appearances
Tentative rulings in probate matters are posted on the court's website and available by phone by 3:00 PM the court day before the hearing; a party who wants to argue notifies all other parties and the court in writing by 4:00 PM that day.
Without a request or a court direction for argument, the tentative ruling becomes the final ruling; where no tentative ruling issues, the parties appear.
SourceHearings are held in person; a party may request a remote video appearance hearing by hearing with Notice of Remote Appearance (RA-010) and Order (RA-020).
SourceService Requirements
A copy of the petition is served with the notice of hearing on anyone who requested special notice, and on all interested parties where fees or commissions above the statutory amounts are requested.
SourceWhat 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 San Benito County
In California a death is registered locally, and in San Benito County certified copies of the death certificate are issued by Health and Human Services Agency Vital Records, San Benito County as well as by California Department of Public Health - Vital Records.
Vital Records Office Record
Local Health Department
San Benito County · Health and Human Services Agency Vital Records
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
351 Tres Pinos Road, Suite A-202, Hollister, CA 95023
Website
Also issued by
The county recorder
Local rule
- The office issues copies for deaths in the current or previous year, and takes cash only. Older deaths are held by the County Clerk.
Burial and cremation permits
- Issued byHealth and Human Services Agency Vital Records, San Benito County
Certified copy fees
| First certified copy | $26 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
San Benito County · Sheriff's Office Support Services Bureau
Mail and offices
Fax
1-831-636-1416
Verified November 2, 2026 · Source
Funeral Homes in San Benito County
3 funeral homes and crematories in San Benito County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
In Hollister, this crematory was added in 1997 to a funeral home serving San Benito County, and it is the only crematory in the county. Its staff speak Spanish and arrange cremation.
In Hollister, this funeral home has served San Benito County since 1919 and runs the only crematory in the county. It arranges burial or cremation, coordinates the Mass, and its staff speak Spanish.
Funeral homes by city: Hollister
Cremation Services in San Benito County
3 listings
Pre-Need Funeral Plans in San Benito County
2 listings
Burial Services in San Benito County
1 listing
Funeral Transport in San Benito County
1 listing
Spanish-Speaking Funeral Homes in San Benito County
2 listings
Catholic Funeral Homes in San Benito County
1 listing
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in San Benito 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 Clerk-Recorder.
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.
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
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving San Benito 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 San Benito 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.
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.
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
(10)·
- Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6
- Cal. Prob. Code § 10800
- Cal. Prob. Code §§ 10400 (Independent Administration of Estates Act), 10500(a) (administer without court supervision), 10501 (actions still requiring court supervision)
- Cal. Prob. Code §§ 8000-8577 (appointment & letters); §§ 8002, 10450 (petition contents)
- Cal. Prob. Code §§ 8005 (hearing on the petition), 8006 (court admits the will and appoints the personal representative); no registrar or clerk informal probate track
- Cal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2
- 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
- San Benito County Superior Court, official page
- San Benito County Clerk-Recorder, official page
- San Benito County vital records and death investigation offices, official page
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.
Get the Answer
Hire a California Probate Attorney
Browse vetted California attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
