What to Do When Someone Dies in Santa Clara County, California

Probate in Santa Clara County runs through the Superior Court - Probate Division: 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 Santa Clara County, settling their estate runs through the Superior Court - Probate Division. 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 Division

Santa Clara County

Address

191 North First StreetSan Jose, CA 95113

Hours

Monday - Thursday, 8:30 AM - 3:00 PM; Friday, 8:30 AM - 12:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

Accepted paymentCash, 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.

Departments

  • Probate Clerk's Office (Room 107)408-882-2654

Downtown Superior Courthouse. General court: 408-882-2100. Email: ssprobinfo@scscourt.org. Silicon Valley.

Verified July 3, 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, a county-specific system.

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. The 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified Sep 8, 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 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.

Probate matters are handled through the Probate Clerk's Office (Room 107). Filing and payment go through these offices, not the main clerk window.

California charges $435Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6Verified Sep 8, 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 Division (https://santaclara.courts.ca.gov/forms-filing/e-filing). 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 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

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.

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 Information

Can 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 Division is realistic.

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.

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.

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.

Hearing schedule

Probate matters heard Wednesdays (Advance Case Status Reports posted ~2 court days before)

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.

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: (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 · County Clerk-Recorder

Address

110 West Tasman Drive, 1st FloorSan Jose, CA 95134

Hours

Monday - Friday, 8:00 AM - 4:30 PM
Visit recorder website →

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 deedExempt

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 July 13, 2026 · Source

Probate Attorneys Serving Santa Clara County

California uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Santa Clara 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 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.

FirmRedwood City, CA

Aaron, Riechert, Carpol & Riffle, APC

Since 1987 · Serves 2 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 3 more

Office
333 Twin Dolphin Drive, Suite 350Redwood City, CA 94065

FirmSan Francisco, CA

Bay Area Probate & Estate Law

Serves 5 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 2 more

Office
177 Post St, Suite 600San Francisco, CA 94108
Free consultation

Solo PracticeNapa, CA

Celaya Law

Serves 16 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
960 School St.Napa, CA 94559
Free consultationVirtual consultations

FirmSunnyvale, CA

Efting & Godfrey, LLP

Since 1978 · Serves 1 county

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate

Office
438 S. Murphy AvenueSunnyvale, CA 94086

FirmSan Jose, CA

Gorini & Gorini, LLP

Serves 2 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
1666 The AlamedaSan Jose, CA 95126

Solo PracticeRedwood City, CA

Law Office of Michael E. Pitts

Serves 3 counties

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.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
600 Allerton Street, Suite 200Redwood City, CA 94063
Free consultation
See all 51 firms serving Santa Clara 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.

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Legal Sources

Data sourced from California statutes and official state code. How we research.