How Do I File Probate in Santa Clara County, California?
A step-by-step guide to filing at the Superior Court - Probate Division—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in Santa Clara County, California, you can file at the Superior Court - Probate Division 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 the Probate Clerk's Office (Room 107). Confirm with the office which intake handles the petition type you're filing.
Your Filing Options
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 Santa Clara 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. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Superior Court - Probate Division is realistic for your situation.
Self-Help for Probate available, with a Complete Forms at Home option and a Spanish-language probate guide.
For a detailed cost comparison and filing checklist, see the full Santa Clara County Self-Filing Assessment.
Santa Clara County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Service Requirements
Effective 7/1/25: Courts serve court notices by email in all civil matters (Civil, Family, Probate, Small Claims, Juvenile Dependency). Attorneys must accept electronic service.
White list email noreply@scscourt.org to ensure delivery of court notices.
Other Requirements
Self-represented parties may consent to receive notices electronically.
Effective January 1, 2026 (AB 1524): Public entitled to view electronic court records in courthouse may use personal camera/cell phone to photograph records.
In-Person Filing
The Superior Court - Probate Division is located at 191 North First Street, San Jose, CA 95113. Phone: 408-882-2654. Hours: Monday - Thursday, 8:30 AM - 3:00 PM; Friday, 8:30 AM - 12:00 PM.
Probate hearings are typically scheduled Probate matters heard Wednesdays (Advance Case Status Reports posted ~2 court days before).
Before You Go
Accepted payment
Cash, Check, Money order, Credit card. At the counter: cash, check (payable to "Clerk/Superior Court"), or credit card via NCourt (3.5% fee; Amex/Discover/MC/Visa, plus MC/Visa debit). Applies to all case types filed at that courthouse.
What to Bring
To file at the Superior Court - Probate Division 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.
Court Resources
Additional resources, forms, and fee schedules are available on the Superior Court - Probate Division website.
Court information verified June 2, 2026 · Source
Frequently Asked Questions
You open probate by filing a petition with the Superior Court - Probate Division in Santa Clara 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.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Santa Clara County uses the standard California probate forms — the court's website lists the current versions.
California permits self-representation, but formal probate procedures make it impractical for most families. The Superior Court - Probate Division staff can accept filings but cannot give legal advice. Check the California self-filing assessment before deciding.
Yes. The Superior Court - Probate Division in Santa Clara County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
Superior Court - Probate Division
Santa Clara County
191 North First Street
San Jose, CA 95113
Phone:
408-882-2654Hours:
Monday - Thursday, 8:30 AM - 3:00 PM; Friday, 8:30 AM - 12:00 PM
Paper Filing Available
E-Filing Optional
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.
Named as Executor
Being named executor means navigating probate, managing assets, and distributing the estate. What's expected, what you can charge, and how to start.
Learn more
Death of a Parent
Losing a parent is overwhelming. What needs to happen next — settling the estate, navigating probate, and the steps to move forward.
Learn more
