Overview
Butte County is located in California with a population of approximately 208,000. The Superior Court of California, County of Butte handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
California probate is governed by the California Probate Code. The process begins with filing a Petition for Probate (Form DE-111) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
California offers simplified procedures for small estates. As of 2026, if the total value of the estate is $208,850 or less, you may be able to use a small estate affidavit to transfer personal property without full probate. For real property of small value ($69,625 or less), a specialized affidavit procedure is available.
California law sets statutory fees for attorneys and personal representatives based on the gross value of the estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million.
This guide provides an informational overview of the Butte County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Superior Court of California, County of Butte
Probate matters in Butte County are handled at the North Butte County Courthouse.
Address: 1775 Concord Avenue, Chico, CA 95928
Phone: (530) 532-7017 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
SHARP Self-Help Center Hours: Monday through Thursday, 8:30 AM to 4:00 PM; Friday, 8:30 AM to 1:00 PM
The Probate Division is located within the Civil Division at the North Butte County Courthouse. This facility handles all probate, civil, and family law filings for the county.
Parking and Access
Public parking is available in the lot adjacent to the courthouse. The facility is ADA accessible. Security screening is required for all visitors entering the building, so allow extra time before your hearing.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $208,850 or less, you may be able to transfer assets via affidavit after a 40-day waiting period.
- Spousal Property Petition: Assets passing to a surviving spouse may be transferred via a simplified petition (Form DE-221) rather than full probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate (Form DE-111) with the Superior Court of California, County of Butte. Include:
- Petition for Probate (DE-111)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee of approximately $435
- Notice of Petition to Administer Estate (DE-121)
Butte County mandates electronic filing (e-filing) for attorneys and encourages it for self-represented litigants in probate matters.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 15 days before the hearing
- Publish notice in a newspaper of general circulation in Butte County (such as the Chico Enterprise-Record or Gridley Herald) for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months for claims
- Inventory and appraise all estate assets within 4 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Butte County-Specific Procedures
- E-filing: E-filing is mandatory for represented parties in probate cases. Self-represented litigants may file in person or by mail but are encouraged to e-file.
- Local Forms: Butte County may require specific local cover sheets or declaration forms for certain probate actions. Check the "Local Rules and Forms" page on the court's website.
- Tentative Rulings: The court may issue tentative rulings before the hearing. Parties should check the court's website after 1:30 PM on the court day preceding the hearing.
- Publication: Notice must be published in a newspaper of general circulation in Butte County for three successive weeks.
Always consult the Butte County Local Rules (specifically Chapter 12 regarding Probate) for detailed procedural requirements.
Timeline & Fees
Filing Fees (Butte County)
- Petition for Probate: approximately $435
- Petition for Spousal Property: approximately $435
- Certified copies of Letters: approximately $25 + $0.50 per page
- Publication costs: approximately $150-$450 depending on the newspaper
- Probate Referee Appraisal Fee: 0.1% of assets appraised (minimum fees apply)
California law sets statutory fees for the attorney and personal representative:
- 4% on the first $100,000
- 3% on the next $100,000
- 2% on the next $800,000
- 1% on the next $9,000,000
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa, MasterCard, Discover). A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates (no disputes, limited assets): 7-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting the timeline include the 4-month creditor claim period, the time required for the Probate Referee to appraise assets, and court calendar availability.
Local Resources
Butte County Court Resources
- Court Website: butte.courts.ca.gov
- Probate Self-Help: SHARP (Self-Help Assistance)
- California Probate Forms: Judicial Council Forms
Legal Aid and Attorney Referrals
- Butte County Bar Association: (530) 891-6808 — Lawyer Referral Service
- Legal Services of Northern California: (530) 345-9491 — Legal Aid
- California State Bar Lawyer Referral: calbar.ca.gov
Publication
- Chico Enterprise-Record: (530) 891-1234 — General Circulation
- Gridley Herald: (530) 846-3661 — General Circulation
- Oroville Mercury-Register: (530) 533-4415 — General Circulation