How Does Probate Work in San Francisco County, California?
Dealing with probate while grieving is overwhelming. This guide makes the process clearer. Probate in San Francisco depends on estate size—estates under $208,850 may qualify for a simplified procedure. The Superior Court - Probate Court accepts filings in person and requires e-filing for attorneys.
Filing at the Superior Court - Probate Court
Attorneys must e-file in San Francisco County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Conservator petitions must include Judicial Council form GC-325 (Confidential Declaration on Medical Ability to Attend Hearing). Law and Motion Calendar: Wednesday/Thursday afternoons, and Fridays, in Department 204.
The court operates across 6 locations in San Francisco County. Probate filings may need to go to a specific location—check with the clerk's office before your visit.
Do I Need Probate?
Whether probate is necessary in San Francisco depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Superior Court - Probate Court at 400 McAllister Street, Department 204, San Francisco.
San Francisco County has local procedures that affect when and how to file: Conservator petitions must include Judicial Council form GC-325 (Confidential Declaration on Medical Ability to Attend Hearing); Motion rulings generally available by 3:00 PM the court day prior to motion.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Superior Court - Probate Court.
California sets a $208,850Cal. Prob. Code § 13100/13200Verified May 5, 2026 threshold for simplified procedures. Estates under that amount may qualify for a Small Estate AffidavitCal. Prob. Code §§ 10800Verified May 5, 2026 after waiting 40 daysCal. Prob. Code § 13100/13200Verified May 5, 2026, bypassing formal probate entirely.
See what portion of this estate may require probate:
Opening probate at the Superior Court - Probate Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
California allows independent administration, which gives the executor authority to manage estate assets, pay debts, and distribute property without returning to the court for approval on each step.
Who Inherits Without a Will?
Community property law in California means that half of everything earned or purchased during the marriage belongs to the surviving spouse—no probate required for that portion. The Superior Court - Probate Court only divides the deceased's separate property and their half of community assets.
See how California law splits the estate among surviving family:
The Superior Court - Probate Court can approve a family allowance for the surviving spouse and minor children while the estate is being settled. This has priority over creditor claims.
Creditors must be notified through newspaper publication in San Francisco County for 3Cal. Prob. Code §§ 9050-9054, 9100-9104, 11420; CCP § 366.2Verified May 5, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 4 monthsCal. Prob. Code §§ 9050-9054, 9100-9104, 11420; CCP § 366.2Verified May 5, 2026 from probate opening.
California has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. California recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Cal. Prob. Code § 13100/13200
- Cal. Prob. Code §§ 10800
- Cal. Prob. Code §§ 9050-9054, 9100-9104, 11420; CCP § 366.2
Data sourced from California statutes and official state code. How we research.
Frequently Asked Questions
The Superior Court - Probate Court for San Francisco County is located in San Francisco, California. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in California typically closes in 9–12 months. Average estates run 12–18 months. Complex estates with disputes or tax issues can take 18–36 months. Timing in San Francisco County tracks the state range unless the docket is unusually backed up.
No. California allows estates under $208,850 to use a Small Estate Affidavit and skip formal probate. The waiting period is 40 days after death. Use the California probate decision tool to see if the estate qualifies.
When there is no will, California's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The San Francisco County probate court applies the state rules without variation. See who inherits in California for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the San Francisco County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Superior Court - Probate Court
San Francisco County
400 McAllister Street, Department 204
San Francisco, CA 94102
Phone:
415-551-3673Hours:
Clerk: Monday - Friday, 8:30 AM - 4:00 PM (Closed 12:00 PM - 1:00 PM; dropbox available during lunch)
Paper Filing Available
E-Filing Optional
California Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in San Francisco County.
California Estate Attorneys
Find estate planning attorneys in California by practice area.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
