What to Do When Someone Dies in San Francisco County, California
Probate in San Francisco County runs through the Superior Court - Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in San Francisco County, settling their estate runs through the Superior Court - Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Superior Court - Probate Court
San Francisco County
Address
400 McAllister Street, Department 204San Francisco, CA 94102
Phone
Hours
Clerk: Monday - Friday, 8:30 AM - 4:00 PM (Closed 12:00 PM - 1:00 PM; dropbox available during lunch)
Paper filing availableE-filing required for attorneysSelf-filing allowed
Departments
- Probate Court (Department 204)415-551-3702
- Probate Department Investigators415-551-3657
- Probate Section Clerk's Office Supervisor415-551-3673
- Hall of Justice
- Polk Street Annex
- Juvenile Justice Center
Civic Center Courthouse, Department 204. Filing at Room 103, Windows 23-25 (phone: 415-551-3892). Tentative rulings line: 415-551-4000. Motion scheduling: 415-551-3702.
Verified June 2, 2026 · Source
How Probate Works in San Francisco 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 Francisco, probate runs through the Superior Court - Probate Court at 400 McAllister Street, Department 204, San Francisco.
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 monthsCal. Prob. Code §§ 10800Verified Jun 19, 2026View source to 18 monthsCal. Prob. Code §§ 10800Verified Jun 19, 2026View source to move through this process. The 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified Jun 19, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in San Francisco County
What probate costs in San Francisco 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 - Probate Court at 400 McAllister Street, Department 204, San Francisco.
Probate matters are handled through Probate Court (Department 204), Probate Department Investigators, Probate Section Clerk's Office Supervisor, and Hall of Justice. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Law and Motion Calendar: Wednesday/Thursday afternoons, and Fridays, in Department 204; Ex parte matters: leave courtesy copy with probate clerk in Room 103. Use blue cover sheet for expedited review if demonstrable urgency; Conservator petitions must include Judicial Council form GC-325 (Confidential Declaration on Medical Ability to Attend Hearing). These are county-specific and not posted on the statewide court site.
San Francisco County runs a probate self-help center, which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case.
California charges $435Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6Verified Jun 19, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Superior Court - Probate Court (https://www.odysseyefileca.com/service-providers.htm). Self-represented filers can request a paper-filing exemption.
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.
Executor compensation is also statutory in California. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
California requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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 Jun 19, 2026View source of estate value annually.
Probate in California typically runs 12 monthsCal. Prob. Code §§ 10800Verified Jun 19, 2026View source to 18 monthsCal. Prob. Code §§ 10800Verified Jun 19, 2026View source, and costs accrue throughout. The 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified Jun 19, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Superior Court - Probate Court
If you're handling probate yourself in San Francisco County, California, you can file at the Superior Court - Probate Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
Filings here are routed through Probate Court (Department 204), Probate Department Investigators, Probate Section Clerk's Office Supervisor, and Hall of Justice. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in San Francisco County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Superior Court - Probate Court is realistic. San Francisco County has a self-help center that assists people filing without an attorney.
For a full cost comparison and filing checklist, see the San Francisco County Self-Filing Assessment.
San Francisco County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
Conservator petitions must include Judicial Council form GC-325 (Confidential Declaration on Medical Ability to Attend Hearing).
Court Appearances
Law and Motion Calendar: Wednesday/Thursday afternoons, and Fridays, in Department 204.
Ex parte matters: leave courtesy copy with probate clerk in Room 103. Use blue cover sheet for expedited review if demonstrable urgency.
Other Requirements
Motion rulings generally available by 3:00 PM the court day prior to motion.
Before You Go
Hearing schedule
Department 204: appearance matters 9:00 AM Mon/Tue/Wed; guardianship petitions Tue 1:30 PM; conservator appointments Thu 9:00 AM; Law & Motion Wed/Thu afternoons and Fri
What to Bring
To file at the Superior Court - Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in San Francisco County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Recorder.
Recording Office Record
County Recorder
San Francisco County · Assessor-Recorder · Joaquin Torres
Address
1 Dr. Carlton B. Goodlett Place, Room 190San Francisco, CA 94102
Phone
Fax
(415) 554-7915
Hours
Monday - Friday, 8:00 AM - 4:00 PM (recording); 8:00 AM - 5:00 PM (office)
E-recording
Available
Recording fees
| Base recording fee | $15 |
| Per additional page | $3 |
| GC 27388.1 Building Homes and Jobs Act Fee (SB2)Requiredmost_real_estate_instrumentsPer-title fee on most real estate instruments. Maximum $225 per transaction. Exemptions include government agencies, first-time homebuyer programs, and certain affordable housing transfers. Some counties may exempt TOD deeds. | $75 |
| BOE-502-A Preliminary Change of Ownership Report (PCOR)Requiredall_deedsRequired with all deeds transferring real property. No separate recording fee, but failure to file results in $20 penalty added to property tax bill. Cal. Rev. & Tax. Code 480.3. | $0 |
Base fee is $15 for first page, $3 per additional page. Non-conforming pages (not 8.5"x11") add $3 surcharge per page (Gov. Code 27361.3). SB2 fee of $75 per title applies to most documents. Total for typical 2-page TOD deed: ~$93 ($15 base + $3 second page + $75 SB2).
Cal. Gov. Code 27361; Cal. Gov. Code 27388.1; Cal. Rev. & Tax. Code 11911
Transfer tax
$1.10 per $1,000 of consideration (Cal. Rev. & Tax. Code 11911) State; Some cities impose additional transfer taxes (e.g., Los Angeles 0.45%, San Francisco 0.68%-3.0%, Oakland 1.0%-2.5%) local. Transfer-on-death deeds are generally exempt (No consideration exchanged at recording. TOD deed is revocable during grantor's lifetime and no property interest transfers until death. Cal. Rev. & Tax. Code 11911.). County documentary transfer tax: $1.10 per $1,000 of consideration. City transfer taxes vary. TOD deeds involve $0 consideration at recording.
San Francisco is a consolidated city-county. City Hall, Room 190.
Verified June 3, 2026 · Source
Probate Attorneys Serving San Francisco County
California uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in San Francisco County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in California are set by statute as a percentage of the estate's value, so every San Francisco County attorney charges the same schedule. Price isn't the variable — experience with the Superior Court - Probate Court and responsiveness are.
A probate attorney files the petition with the Superior Court - Probate 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.
San Francisco Bay Area Firms
Bay Area Probate & Estate Law
FirmServes San Francisco and the surrounding Bay Area counties from downtown San Francisco. Handles probate administration, trust administration and litigation, conservatorships, and contested estate matters. The lead attorney is a State Bar certified specialist in Estate Planning, Trust and Probate Law with a tax-law focus.
Location
177 Post St, Suite 600San Francisco, CA 94108
Phone
(415) 777-3300
Service Area
5 counties
Estate PlanningEstate AdministrationTrust AdministrationEstate LitigationTrust LitigationConservatorship
Visit site
Cappelloni Law PC
FirmServes San Francisco, San Mateo, Alameda, and Marin counties from downtown San Francisco. Guides executors, administrators, and trustees through probate proceedings and trust administration alongside estate planning. Founded in 2018; meets clients by phone, video, or in person and offers a complimentary consultation.
Location
201 Spear Street, Suite 1160San Francisco, CA 94105
Phone
(415) 795-2910
Established
2018
Service Area
3 counties
Estate PlanningEstate AdministrationTrust Administration
Free consultationVirtual consultationsVisit site
CunninghamLegal
FirmServes Marin, San Francisco, Sonoma, and Contra Costa counties from San Rafael. Handles probate representation, trust administration, and Medi-Cal and elder law matters alongside estate and tax planning. Founder Jim Cunningham is a State Bar certified specialist in Estate Planning, Trust and Probate Law and heads the San Rafael office.
Location
1000 4th Street, Suite 300San Rafael, CA 94901
Phone
(866) 988-3956
Service Area
4 counties
Estate PlanningEstate AdministrationTrust AdministrationProbateElder LawTax Planning
Free consultationVirtual consultationsVisit site
Greene Law Firm, P.C.
FirmServes San Francisco, Alameda, and Marin counties from downtown San Francisco. Handles probate and trust administration, Medi-Cal and elder law matters, and asset protection alongside estate planning. Founder Jay Greene is both a licensed attorney and CPA.
Location
447 Sutter St, Suite 435San Francisco, CA 94108
Phone
(415) 905-0215
Service Area
3 counties
Estate PlanningTrust AdministrationAsset ProtectionTax PlanningEstate Administration
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Harrington Law, P.C.
Solo PracticeBay Area trusts and estates practice serving San Francisco and the North Bay from offices in San Francisco and Sonoma. Attorney Amy Harrington handles trust and probate administration, conservatorships, and will and trust contests, and is frequently appointed to serve as administrator, trustee, partition referee, and receiver.
Location
One Embarcadero Center, Suite 1200San Francisco, CA 94111
Phone
(415) 558-7700
Service Area
3 counties
Estate PlanningEstate AdministrationTrust AdministrationConservatorshipPartition Referee
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Roisman Henel + Adams LLP
FirmOakland boutique focused exclusively on trust and estate law, serving Alameda, Contra Costa, and San Francisco Counties. Advises trustees, executors, and beneficiaries through decedent estate administration, estate tax returns, and trust administration. Named attorneys are Certified Specialists in Estate Planning, Trust and Probate Law.
Location
1901 Harrison Street, Suite 910Oakland, CA 94612
Phone
(510) 466-6000
Service Area
3 counties
Estate PlanningEstate AdministrationTrust AdministrationEstate LitigationTrust Litigation
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Von Rock Law, PC
FirmSan Francisco firm on West Portal Avenue serving San Francisco County and the Bay Area with probate and trust administration alongside estate planning, business formation, and real estate. Woman-owned firm founded by Deidre Von Rock guiding successor trustees and personal representatives through administration on flat-fee plans. Complimentary phone or office consultation.
Location
215 W Portal AvenueSan Francisco, CA 94127
Phone
(415) 517-3706
Service Area
1 county
Estate PlanningTrust AdministrationProbate
Free consultationVirtual consultationsVisit site
Firms from Neighboring Regions
Hackard Law Corporation
FirmSacramento-based trust and estate litigation firm led by founding attorney Michael Hackard, who has practiced law since 1976. Specializes in probate, trust, and estate litigation, representing families with complex estates and clients harmed by fiduciary wrongdoing. Handles cases throughout California.
Location
10640 Mather Boulevard, Suite 100Mather, CA 95655
Phone
(916) 313-3030
Established
1983
Service Area
5 counties
Estate LitigationTrust LitigationProbate LitigationEstate PlanningTrust AdministrationElder AbuseConservatorship
Free consultationVisit site
RMO LLP
FirmStatewide probate and trust litigation firm headquartered in Los Angeles, representing trustees, executors, heirs, and beneficiaries in will contests, trust disputes, and breach-of-fiduciary-duty claims. Offices in Los Angeles, Pasadena, Orange County, San Diego, the Bay Area, and Fresno. Free consultation.
Location
901 Bringham AveLos Angeles, CA 90049
Phone
(424) 320-9444
Service Area
7 counties
Estate AdministrationTrust AdministrationEstate LitigationProbate LitigationWill ContestsBreach Of Fiduciary Duty
Free consultationVirtual consultationsVisit site
The Legacy Lawyers
FirmTrusted probate attorneys serving California since 1998. Founded by Phil Lemmons with a mission to protect both inheritances and relationships. Offices throughout Southern California and statewide. Handles estate planning, trust administration, probate, conservatorship, guardianship, elder abuse, and trust litigation matters.
Location
10221 Slater Ave, Ste 106Fountain Valley, CA 92708
Phone
(800) 840-1998
Established
1998
Service Area
7 counties
Estate PlanningEstate AdministrationTrust AdministrationProbate LitigationTrust LitigationConservatorshipElder Law
Free consultationVisit site
Berliner Cohen LLP
FirmServes Merced, Mariposa, and Stanislaus counties from Merced, with offices in San Jose and Modesto. Handles trust and estate administration, sub-trust funding, fiduciary representation, and probate and trust litigation. One of the few firms with a Mariposa County presence; multiple attorneys are State Bar certified specialists in Estate Planning, Trust and Probate Law.
Location
2844 Park AvenueMerced, CA 95348
Phone
(209) 385-0700
Established
1951
Service Area
5 counties
Estate PlanningEstate AdministrationTrust AdministrationProbate LitigationTrust Litigation
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Pretlove Law, PC
Solo PracticeHollister 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 Certified Specialist in Estate Planning, Probate, and Trust Administration by the State Bar of California and handles conservatorships and Medi-Cal planning.
Location
17760 Monterey Rd. Ste. G, Morgan Hill, CA 95037, Suite A-206Hollister, CA 95023
Phone
(408) 850-6402
Service Area
3 counties
Estate PlanningEstate AdministrationTrust AdministrationProbateConservatorshipMedicaid Planning
Virtual consultationsVisit site
Sonin Law
Solo PracticeWoodland firm serving Yolo and Solano Counties with probate, trust administration, and special needs trusts alongside estate planning. Barbara Sonin is a Certified Specialist in Estates, Trusts & Probate by the State Bar of California. Accommodates clients who cannot travel with home and hospital visits.
Location
21 Court StreetWoodland, CA 95695
Phone
(530) 662-2226
Service Area
2 counties
Estate PlanningEstate AdministrationTrust AdministrationProbateSpecial Needs PlanningLong Term Care Planning
Virtual consultationsVisit site
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
- Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6
- Cal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administration
- Cal. Prob. Code §§ 10800
- 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)
Data sourced from California statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Superior Court - Probate Court in San Francisco County, attaching the original will (if any), the death certificate, and the filing fee ($435). Once the court issues letters, the personal representative can act.
Total probate costs usually run 3–8% of the estate value. For San Francisco County, that means filing fees ($435 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Superior Court - Probate Court in San Francisco County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The California self-filing assessment scores whether this estate can be handled without one.
A simple California probate typically closes in 9–12 months; average estates run 12–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of San Francisco County probate.
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