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.
Estate Planning for Santa Clara County, California Property Owners
For most Santa Clara 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.
For a Santa Clara County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Superior Court - Probate Division. The two tools that keep a Santa Clara 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.
Without a recorded beneficiary designation or a trust, Santa Clara County property passes through the Superior Court - Probate Division — even simple California probates run 9+ months and start with $435 in 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 Santa Clara County
A revocable transfer on death deed names a beneficiary who receives Santa Clara 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 Oct 18, 2026View source witnesses and notary acknowledgmentCal. Prob. Code 5600-5698Verified Oct 18, 2026View source. The deed takes effect only if it is recorded within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization and before the owner's deathCal. Prob. Code 5600-5698Verified Oct 18, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for Santa Clara County are recorded with the County Clerk-Recorder at 110 West Tasman Drive, 1st Floor, San Jose, CA 95134. Phone: 1-408-299-5688. Hours: Monday-Friday 8:00 AM-4:30 PM.
The County Clerk-Recorder charges $25 for the first page plus $3 for each additional page. Recording a 2-page revocable transfer on death deed in Santa Clara County comes to $103, which is $28 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.
Recording Office Record
County Clerk-Recorder
Santa Clara County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
110 West Tasman Drive, 1st Floor, San Jose, CA 95134
Website
Fees
Recording fees
| Base fee (first page) | $25 |
| 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 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
Estate Planning Attorneys Serving Santa Clara County
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.
Napa estate planning and elder law practice led by Anthony Celaya, with offices across California from Santa Rosa and Sacramento to Los Angeles and San Diego. Handles probate and estate administration and Medi-Cal planning alongside trusts, wills, and incapacity planning. Clients are served in person or through virtual consultations, and the initial consultation is free.
A Sunnyvale practice started on February 1, 1978, handling Santa Clara County probate for families whose loved one left no trust. Its four attorneys represent nominated personal representatives, heirs, and beneficiaries through summary, formal, and ancillary administration, and handle trust administration alongside estate planning.
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.
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.
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
(2)·
- Cal. Prob. Code 5600-5698
- 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
Data sourced from California statutes and official state code. How we research.
Forms for Planning Your Estate in California
Free forms for planning your estate in California: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for California.
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Last Will and Testament
In California, a will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitCal. Prob. Code § 6110Verified Oct 18, 2026View source.
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Codicil to a Will
In California, a codicil is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, like a will.
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Healthcare Power of Attorney
California allows a choice for a healthcare power of attorney: 2Cal. Prob. Code § 4701Verified Oct 15, 2026View source witnesses or a notary.
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Free
HIPAA Release
In California, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information, mental health records and substance abuse treatment recordsCal. Health & Safety Code § 120980(a), (g) (Stats. 2006, Ch. 20, § 4); Cal. Welfare & Institutions Code § 5328(a), (a)(2) (Stats. 2023, Ch. 191, § 9 / SB 137); Cal. Health & Safety Code § 11845.5(a), (b), (e) (Stats. 2024, Ch. 847, § 69 / AB 2995)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.
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Financial Power of Attorney
California requires explicit durability language for a power of attorney to survive incapacityCal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Oct 21, 2026View source, and it is signed before 2Cal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source witnesses or a notary.
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Transfer on Death Deed
In California, a revocable transfer on death deed is signed before a notaryCal. Prob. Code 5600-5698Verified Oct 18, 2026View source and 2Cal. Prob. Code 5600-5698Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's deathCal. Prob. Code 5600-5698Verified Oct 18, 2026View source, within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization. California does not recognize a Lady Bird deed.
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Vehicle Transfer on Death
California allows a transfer-on-death beneficiary designation on a vehicle titleCal. Veh. Code §§ 4150.7, 5910.5 (vehicles); §§ 9852.7, 9916.5 (vessels)Verified Oct 21, 2026View source, filed through the California Department of Motor Vehicles (DMV).
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Living Will
In California, the living will is the Advance Health Care DirectiveCal. Prob. Code Div. 4.7 (Health Care Decisions Law), §§ 4600-4806; Part 2 (Uniform Health Care Decisions Act), §§ 4670-4743Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
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Tools for Planning Your Estate in California
Free tools for planning your estate in California: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for California.
How Do I Sign Estate Documents?
In California, a will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and notarization is not requiredCal. Prob. Code § 6110Verified Oct 18, 2026View source.
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Will My Estate Documents Transfer?
California recognizes a will signed under the law of the place where it was signedCal. Prob. Code § 6113Verified Oct 18, 2026View source; a will signed in California itself needs 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and notarization is not requiredCal. Prob. Code § 6110Verified Oct 18, 2026View source.
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Trust or Will: Which Costs Less?
In California, a will-based plan pays probate attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in California runs $4,320Estimate: 10 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in California runs $1,329Estimate: 3 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,658Estimate: 6 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In California, a parent names a guardian for a minor child in a will or a separate signed writingCal. Prob. Code §§ 1500, 1501, 1502, 1514Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Cal. Fam. Code § 6500Verified Sep 15, 2026View source.
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Do I Need a Revocable Trust?
Probate in California takes 9 months to 12 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; assets held in a revocable trust skip both.
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California Estate Planning Articles
Estate planning articles for California.
