What to Do When Someone Dies in San Mateo County, California

How probate works in San Mateo County: the Superior Court - Probate Division record, what the process costs, and how to file there.

Probate Court Record

San Mateo County Superior Court - Probate Division

San Mateo County

Hours

Monday-Friday 8:30 AM-1:00 PM

Office

400 County Center, Redwood City, CA 94063

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysEvery party except a self-represented litigant e-files in probate cases through an electronic filing service provider; a party may ask to be excused with Judicial Council form EFS-007. Self-represented litigants may e-file voluntarily, and the court's Self-Prep and File service helps prepare forms. Where an original must be filed, an electronic copy may be e-filed if the original reaches the court within 10 calendar days. On paper: Wills, codicils and estate planning documents; Letters of administration, letters testamentary, and letters of conservatorship or guardianship; Certified copy of the death certificate; Affidavit re Real Property of Small Value; Documents lodged under Probate Code 2620; Bonds and undertakings; Ex parte filings other than probate ex parte filings that comply with Local Rule 4.7; Abstracts, writs and appeal documents.

Filing in person

Appointment requiredIn-person filing at the Probate Clerk's Office, Room A on the first floor of the Hall of Justice, is by appointment, Monday to Friday 8:30 AM to 1:00 PM, booked online. An appointment covers one new petition or initial filing; other new filings go in the court drop box or by mail.

Self-represented filing

AllowedAn initial decedent's estate filing is the Petition for Probate and the Notice of Petition to Administer Estate, and an original will is lodged with the court before the hearing date. Self-represented parties have electronic access to their own case files.

Hearing schedule

  • Probate matters are heard Monday to Friday at 9:00 AM in Department 13 (Courtroom 2C, Hall of Justice), with probate trials at 2:00 PM; probate ex parte matters are heard at 10:00 AM daily.

Verified October 15, 2026 · Source

How Probate Works in San Mateo 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 Mateo County, probate runs through the Superior Court - Probate Division at 400 County Center, Redwood City. Probate e-filing in San Mateo County goes through sanmateo.courts.ca.gov, which no other California county uses.

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 Mateo County

What probate costs in San Mateo 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 Division at 400 County Center, Redwood City.

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 Division

Probate cases in San Mateo County, California are filed at the Superior Court - Probate Division.

Beside the filing office, the court lists separate lines for Probate Court (Department 13, Courtroom 2C), Probate tentative rulings, Probate continuances and ex parte matters, and Probate Court Investigator.

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 Mateo County Self-Filing Assessment.

San Mateo 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

Every proceeding under the Probate Code is filed with the Probate Division clerk's office on the first floor of the Hall of Justice in Redwood City, and heard at the Southern Division there; consents to venue are not accepted.

Source

Temporary guardianship and conservatorship requests are filed and served at least five days before a noticed hearing; a request that could be heard on five days' notice is denied if presented ex parte.

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Document Requirements

Copies of all instruments offered for probate are attached to the petition, with a typewritten copy of a holographic will and a verified English translation of a will in another language.

Source

A petition for probate lists every heir of the decedent even when there is a will, and every contingent heir and legatee, including persons whose gifts a later codicil revoked.

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Court Appearances

Ex parte probate matters are heard in the Probate Department at 10:00 AM each morning; fees for general probate ex parte motions are paid at the Probate Clerk's Office, Room A, before going to the courtroom, and the papers are filed there afterward.

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Video appearances by Zoom are permitted at the probate hearings shown in the tentative rulings, with check-in fifteen minutes before the hearing; initial conservatorship and guardianship appointments and temporary restraining orders are heard in person.

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A pre-approved matter remains open to objection; if an appearance becomes necessary the matter is continued and the new date shows on the Odyssey Portal.

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What to Bring

Filed with the opening petition at the Superior Court - Probate Division: 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 Mateo County

In California a death is registered locally, and in San Mateo County certified copies of the death certificate are issued by San Mateo County Health, Office of Vital Records as well as by California Department of Public Health - Vital Records.

Vital Records Office Record

Local Health Department

San Mateo County · San Mateo County Health, Office of Vital Records

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

1600 West Hillsdale Boulevard, Suite 203, San Mateo, CA 94402

Certified copies

Issued the same day

Also issued by

The county recorder

Mail

Office of Vital Records P.O. Box 5127 Redwood City, CA 94063

Verified November 1, 2026 · Source

Coroner or Medical Examiner Record

Coroner

San Mateo County · San Mateo County Coroner's Office

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

225 37th Avenue, 3rd Floor, Suite A31, San Mateo, CA 94403

Mail and offices

Fax

1-650-571-6258

Verified November 1, 2026 · Source

Funeral Homes in San Mateo County

15 funeral homes and crematories in San Mateo County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.

In Colma, this family-owned funeral home has provided funeral and cremation services since 1996, along with burial, green burial and preplanned arrangements. It specializes in Chinese funeral traditions and has a second location in Belmont serving the Peninsula.

CremationBurialGreen burialPre-need arrangementsOut-of-state and international transport

See all 15 funeral homes in San Mateo County →

Funeral homes by city: Belmont, Burlingame, Colma, Daly City, East Palo Alto, Menlo Park, Millbrae, Redwood City

Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.

Transferring Property in San Mateo 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 Mateo County are recorded with the County Clerk-Recorder at 555 County Center, 1st Floor, Redwood City, CA 94063. Phone: 1-650-363-4500. Hours: Monday-Friday 8:00 AM-5:00 PM.

The County Clerk-Recorder charges $14 for the first page plus $3 for each additional page.

San Mateo County accepts electronic recording through Simplifile and CSC.

Recording Office Record

County Clerk-Recorder

San Mateo County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

555 County Center, 1st Floor, Redwood City, CA 94063

E-recording

available via Simplifile and CSC

Fees

Recording fees

Base fee (first page)$14
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 deedTOD 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

Probate Attorneys Serving San Mateo 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 Mateo County attorney charges the same schedule. Price isn't the variable — experience with the Superior Court - Probate Division and responsiveness are.

A probate attorney files the petition with the Superior Court - Probate Division, 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.

Serves San Mateo and Santa Clara counties from Redwood City. Handles trust and probate administration, conservatorships and guardianships, and probate and trust litigation, with seven attorneys certified as specialists in Estate Planning, Trust, and Probate Law. Practicing on the Peninsula since 1987.

Since 1987Serves 2 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

Serves San Francisco, San Mateo, and the surrounding Bay Area from downtown San Francisco. Handles probate and trust administration through asset distribution and title transfers, plus conservatorships and trust and estate litigation. Principal Sheila Robello holds an LLM in taxation and is a State Bar certified specialist in Estate Planning, Trust and Probate Law.

Serves 5 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust LitigationConservatorship

Represents estate administrators and executors across Santa Clara County from The Alameda in San Jose, carrying estates through the county's probate court. Handles the work the role requires: inventorying assets, settling creditor debts, estate tax filings, accountings, and distribution to heirs. Founder Richard Gorini is a member of the American College of Trust and Estate Counsel.

Serves 2 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation

Serves Bay Area families from downtown San Francisco, with probate filed in the San Francisco, Alameda, and San Mateo County Superior Courts. Handles probate from the petition through inventory, creditor claims, and final distribution, alongside Medi-Cal and elder law planning and asset protection. Founder Jay Greene is both a licensed attorney and a CPA.

Serves 4 countiesEstate PlanningProbateElder LawAsset ProtectionMedicaid Planning

Bay 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.

Since 2009Serves 5 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

Represents executors, trustees, and beneficiaries across San Mateo, San Francisco, and Santa Clara counties from a downtown Redwood City office near the courthouse, handling probate and trust administration, probate and trust litigation, and estate and gift tax questions. Michael E. Pitts has practiced in San Mateo County for more than 30 years and offers a free half-hour consultation.

Solo PracticeServes 3 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

See all 48 firms serving San Mateo 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.

Legal Sources

(10)·

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.

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