In Campbell, this downtown chapel opened in 1953 and arranges funeral, cremation and burial services for Campbell, Fruitdale, Lynhaven, Cambrian and Willow Glen. Staff answer by telephone around the clock and can come to a family's home to make arrangements.
What to Do When Someone Dies in Santa Clara County, California
How probate works in Santa Clara County: the Superior Court - Probate Division record, what the process costs, and how to file there.
Probate Court Record
Santa Clara County Superior Court - Probate Division
Santa Clara County
Phone
Hours
Monday-Thursday 8:30 AM-3:00 PM; Friday 8:30 AM-noon
Office
191 North First Street, San Jose, CA 95113
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysE-filing is mandatory for attorney-represented parties in probate cases, and since September 17, 2021 attorneys also e-file probate ex parte petitions. Self-represented parties may e-file or file on paper at the Probate Clerk's Office.
Filing in person
Walk-ins acceptedThe Probate Clerk's Office is in Room 107 of the Downtown Superior Court in San Jose; the probate phone line is answered Monday to Thursday 8:30 AM to 3:00 PM and Friday 8:30 AM to noon. The building is open weekdays 8:00 AM to 5:00 PM.
Self-represented filing
AllowedThe court's self-help probate pages offer forms with instructions, a Complete Forms at Home option and a Spanish-language probate guide. The probate staff attorney answers questions about court procedure by appointment through 408-882-2100.
Accepted payment
- At the counterCash, Check, Money order, Credit card, Debit card.At the counter: cash, checks payable to "Clerk/Superior Court" (personal, cashier's, certified or traveler's) and money orders, or a card through NCourt with a 3.5% convenience fee; debit cards need a Mastercard or Visa logo. By mail, checks only.
Hearing schedule
- General Probate and Administration of Estate calendars Mondays, Wednesdays, Thursdays and Fridays at 9:00 AM, with an Administration of Estate continuance calendar Thursdays and Fridays.
Departments
- Probate information (email)ssprobinfo@scscourt.org
- Probate Examiner and Probate Staff Attorney1-408-882-2100 · (ext. 2668)
- Probate Calendar1-408-882-2100 · (ext. 2649)
- Court Investigator1-408-882-2761
- Court Services (status reports and tentative rulings by phone)1-408-882-2515For people without internet access to Advance Case Status Reports and tentative rulings.
About the court
- The Probate Division sits at the Downtown Superior Court in San Jose, and the Probate Clerk's Office is in Room 107. Probate examiners review filings and a probate staff attorney reviews urgent, ex parte and shortened-notice petitions.
Verified October 15, 2026 · Source
How Probate Works in Santa Clara 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 Santa Clara County, probate runs through the Superior Court - Probate Division at 191 North First Street, San Jose. Probate e-filing in Santa Clara County goes through santaclara.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 Santa Clara County
What probate costs in Santa Clara 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 191 North First Street, San Jose.
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 Santa Clara County, California are filed at the Superior Court - Probate Division.
Beside the filing office, the court lists separate lines for Probate information (email), Probate Examiner and Probate Staff Attorney, Probate Calendar, and 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 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.
Before You File
Hearing dates on probate calendars are reserved in the manner set out on the court's website, and every filed document names the assigned judge and department.
New probate cases are randomly assigned to a judge for all purposes.
SourceIn uncontested matters the proposed order is submitted at least four court days before the hearing, or the matter may go off calendar.
SourceSome uncontested estate petitions with consents and waivers of notice, such as final distribution with a waived accounting, payment of creditor claims or fees, and spousal property petitions, may be decided ex parte without a hearing under the PB-4080 coversheet.
Preliminary distribution, special administration and instructions petitions go ex parte with the Probate Ex Parte Relief Checklist (PB-4078) for review by the probate attorney first.
SourceDocument Requirements
A will or codicil submitted for filing is accompanied by the Will Coversheet (PB-4079).
SourceCourt Appearances
A continuance without an appearance is granted only if all parties agree, requested by phone to the Probate Examiner's Office at least three court days before the hearing.
SourceTelephonic appearances are not permitted for guardianship and conservatorship appointments or petitions to confirm a sale of real property.
SourceService Requirements
Court notices in probate cases are sent by email to attorneys, and to self-represented parties who file the consent form; the sender noreply@scscourt.org is to be whitelisted.
SourceRecords Access
Advance Case Status Reports for the General Probate and Administration of Estates calendars are posted on the court website generally two court days before the hearing and no later than 5:00 PM the court day before.
A pre-approved matter needs no appearance and its order is signed when the calendar is called; other matters list the examiner's noted deficiencies, which the examiner cannot discuss in detail.
SourceWhat 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 Medical Examiner in Santa Clara County
In California a death is registered locally, and in Santa Clara County certified copies of the death certificate are issued by County Clerk-Recorder, Santa Clara County as well as by California Department of Public Health - Vital Records.
Vital Records Office Record
County Recorder
Santa Clara County · County Clerk-Recorder
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
110 West Tasman Drive, 1st Floor, San Jose, CA 95134
Website
Certified copies
At the counter, issued while you wait
Order online
Local rule
- The Public Health Department registers deaths but issues no copies; certificates come from the Clerk-Recorder, usually four weeks after the death. Appointments are offered, and the office serves visitors without one during business hours.
Certified copy fees
| First certified copy | $26 |
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Santa Clara County · Office of the Medical Examiner-Coroner
Verified November 1, 2026 · Source
Funeral Homes in Santa Clara County
23 funeral homes and crematories in Santa Clara County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
In Gilroy, Gavilan Hills Crematory is the on-site crematory of a family owned funeral home whose own staff personally handle every cremation. Its operator serves Santa Clara, San Benito, Santa Cruz, Monterey and the surrounding counties.
From Gilroy, the funeral home has served Santa Clara County since 1943 and remains family owned and operated through four generations. It offers burial and cremation, with every cremation handled by its own staff at the on-site Gavilan Hills Crematory.
In Los Gatos, this downtown chapel opened in 1954 and serves Los Gatos, Monte Sereno, Saratoga, Cambrian and Willow Glen. Staff answer by telephone around the clock and can come to a family's home to make arrangements.
In Morgan Hill, this funeral home is one of three mortuaries in a group that serves families in Santa Clara County and the surrounding areas. The group states that all three of its funeral homes are family-owned and operated.
In Palo Alto, this funeral home sits on the grounds of a cemetery operating since 1904 and offers burial and cremation with religious or secular services. The funeral home, crematory and memorial park share one location, and staff assist with pre-planning.
Funeral homes by city: Campbell, Gilroy, Los Gatos, Morgan Hill, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale
Cremation Services in Santa Clara County
17 listings
Pre-Need Funeral Plans in Santa Clara County
7 listings
Burial Services in Santa Clara County
11 listings
Veterans Funeral Services in Santa Clara County
2 listings
Funeral Transport in Santa Clara County
6 listings
Spanish-Speaking Funeral Homes in Santa Clara County
2 listings
Jewish Funeral Homes in Santa Clara County
1 listing
Muslim Funeral Homes in Santa Clara County
1 listing
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Santa Clara 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 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 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
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Santa Clara 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 Santa Clara 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.
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
(10)·
- Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6
- Cal. Prob. Code § 10800
- Cal. Prob. Code §§ 10400 (Independent Administration of Estates Act), 10500(a) (administer without court supervision), 10501 (actions still requiring court supervision)
- Cal. Prob. Code §§ 8000-8577 (appointment & letters); §§ 8002, 10450 (petition contents)
- Cal. Prob. Code §§ 8005 (hearing on the petition), 8006 (court admits the will and appoints the personal representative); no registrar or clerk informal probate track
- Cal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2
- 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
- Santa Clara County Superior Court - Probate Division, official page
- Santa Clara County Clerk-Recorder, official page
- Santa Clara County vital records and death investigation offices, official page
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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