Overview
Calaveras County is located in California with a population of approximately 45,300. The Superior Court of California, County of Calaveras 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. If the estate consists of personal property valued at $208,850 or less (for deaths on or after April 1, 2025), you may use the Affidavit for Collection of Personal Property. For real property of small value (under $69,625), an Affidavit re Real Property of Small Value may be filed. Additionally, a Petition to Determine Succession to Real Property is available for estates with real property valued up to $750,000 (primary residence).
California law sets statutory fees for attorneys and personal representatives based on the gross value of the estate: 4% of the first $100k, 3% of the next $100k, 2% of the next $800k, 1% of the next $9M, and 0.5% of the next $15M.
This guide provides an informational overview of the Calaveras 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
San Andreas Courthouse
Probate matters in Calaveras County are handled at the San Andreas Courthouse.
Address: 400 Government Center Drive, San Andreas, CA 95249-9794
Phone: (209) 754-9800
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The San Andreas Courthouse is the main judicial facility for Calaveras County. The Probate Division handles estate administration, conservatorships, and guardianships.
Parking and Access
Free public parking is available in the lot adjacent to the Government Center. Security screening is required upon entry.
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 without formal probate.
- Spousal Property Petition: Assets passing to a surviving spouse may be transferred via a Spousal Property 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 Calaveras. Include:
- Petition for Probate (DE-111)
- Original will and codicils (if any)
- Certified copy of the death certificate
- Filing fee of approximately $435
- Duties and Liabilities of Personal Representative (DE-147)
E-filing is available and encouraged for probate matters in Calaveras County.
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 Calaveras County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 8 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:
- Send Notice of Administration to Creditors (DE-157) and file it with the court. Creditors have 4 months to file claims.
- Inventory and appraise all estate assets within 4 months
- 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
Calaveras County-Specific Procedures
- Local Forms: Check the court's website for any specific local cover sheets or declarations required.
- Proposed Orders: Submit a proposed Order for Probate (DE-140) prior to the hearing.
- Probate Notes: Review probate notes (if available online or by phone) before the hearing to address any deficiencies.
- Publication: Notice must be published in a newspaper of general circulation in Calaveras County for three weeks.
The court may require a bond unless waived by the will or all beneficiaries.
Timeline & Fees
Filing Fees (Calaveras County)
- Petition for Probate: approximately $435
- Petition for Final Distribution: approximately $435
- Certified copies of Letters: approximately $40 per certified copy (plus $0.50/page)
- Publication costs: approximately $150-$450 depending on the newspaper
- Court Reporter fees: ~$30 per hearing
Statutory Fees: California law mandates fees based on the estate value: 4% of first $100k, 3% of next $100k, 2% of next $800k, 1% of next $9M.
Payment Methods
The court accepts checks, money orders, and credit cards (via e-filing or counter). Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-15 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 3 years
Delays may occur due to court congestion, tax clearance, or beneficiary disputes.
Local Resources
Calaveras County Court Resources
- Court Website: www.calaveras.courts.ca.gov
- Probate Self-Help: Calaveras Superior Court Probate Division
- California Probate Forms: California Judicial Council Probate Forms
Legal Aid and Attorney Referrals
- State Bar of California Referral Service: (866) 442-2529 — Certified lawyer referral service
- Legal Services of Northern California: (530) 823-7560 — Provides legal assistance to low-income individuals
- State Bar Lawyer Referral: calbar.ca.gov
Publication
- Calaveras Enterprise: (209) 754-3861 — Newspaper of general circulation for probate notices.
- The Sierra Lodestar: (209) 754-3861 — Weekly publication serving the Mother Lode region.