Where do I file for probate in Kern County?

Probate petitions are filed at the Probate Division located at 2100 College Avenue, Bakersfield, CA 93305. Attorneys must file electronically.

How much does probate cost in Kern County?

The initial filing fee is approximately $435. Additional costs include publication ($150-$500), probate referee fees, and statutory attorney/executor fees based on the estate value.

Can I avoid probate in Kern County with a small estate?

Yes. If the estate is valued at $208,850 or less (as of April 1, 2025), you may use a Small Estate Affidavit to transfer personal property without formal probate after a 40-day waiting period.

How long does probate take in Kern County?

Simple estates typically take 7 to 12 months. More complex estates involving property sales or disputes can take 18 months or longer.

Do I need an attorney for probate in Kern County?

California does not require an attorney, but probate is complex. Statutory fees for attorneys are set by law and paid from the estate, making professional legal help accessible for many.

Where are probate hearings held in Kern County?

While filings go to the College Avenue location, hearings are often held at the Metropolitan Division (Justice Building) at 1215 Truxtun Avenue. Always check your hearing notice.

Kern County Probate Guide: Courts, Fees & Process (2026)

Overview

Kern County is located in California with a population of approximately 922,529. The Superior Court of California, County of Kern 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 April 1, 2025, 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 formal probate. For real property valued at $69,625 or less, an Affidavit re Real Property of Small Value may be filed.

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
1% of the next $9,000,000
0.5% of the next $15,000,000

This guide provides an informational overview of the Kern 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 Kern

Probate matters in Kern County are primarily handled at the Probate Division.

Address: 2100 College Avenue, Bakersfield, CA 93305

Phone: (661) 610-6000 (Option 5 for Probate) | Probate Examiner Line: (661) 610-6970

Hours: Monday through Thursday, 8:00 AM to 4:00 PM; Friday, 8:00 AM to 12:00 PM

The Probate Division handles filings and administration. Note that court hearings may take place at the Metropolitan Division (Justice Building) located at 1215 Truxtun Avenue, Bakersfield, CA 93301. Always check your hearing notice for the specific department and location.

Parking and Access

For the 2100 College Avenue location, parking is available in the lot shared with the Public Health Department south of the main entrance. For the 1215 Truxtun Avenue location, public parking is available in lots north of the railroad tracks near Truxtun Avenue and L Street. Allow extra time for security screening at all court facilities.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: If the estate is valued at $208,850 or less (for deaths on/after April 1, 2025), you may be able to transfer personal property by 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).
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 Kern. Include:

Petition for Probate (DE-111)
Original will and codicils (if any)
Certified death certificate
Filing fee (approximately $435)
Duties and Liabilities of Personal Representative (DE-147)

E-filing is mandatory for parties represented by attorneys in probate cases. Self-represented litigants may file in person or by mail.

Step 3: Provide Notice

After filing, you must:

Mail notice of the hearing (Form DE-121) to all heirs, beneficiaries, and interested parties at least 15 days before the hearing
Publish notice in a newspaper of general circulation in Kern County (e.g., The Bakersfield Californian) 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 the Franchise Tax Board
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

Kern County-Specific Procedures

E-filing: Mandatory for attorneys; optional for self-represented litigants.
Local Forms: The court may require specific local forms for certain actions, such as the Petition and Report of Personal Representative. Check the court's "Local Court Forms" page.
Probate Notes: The court posts "Probate Notes" online prior to hearings, identifying any defects or missing information in your filing. You must address these notes before the hearing.
Publication: Notice must be published in a newspaper of general circulation in Kern County for three successive weeks.

Consult the Kern County Local Rules of Court (Chapter 8) for detailed probate procedures.

Timeline & Fees

Filing Fees (Kern County)

Petition for Probate: approximately $435
Petition for Spousal Property: approximately $435
Certified copies of Letters: approximately $40 ($25 for certification + $15 for the first copy)
Publication costs: approximately $150-$500 depending on the newspaper
Probate Referee Fees: 0.1% of assets appraised plus expenses

California law mandates statutory fees for attorneys and executors:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of 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 timeline include the 4-month creditor claim period, sale of real property, and court calendar availability.

Local Resources

Kern County Court Resources

Court Website: www.kern.courts.ca.gov/divisions/probate
Probate Self-Help: www.kern.courts.ca.gov/self-help/wills-estates-probate
California Probate Forms: www.courts.ca.gov/forms.htm

Legal Aid and Attorney Referrals

Kern County Bar Association: (661) 334-4700 — Attorney referral service
Greater Bakersfield Legal Assistance: (661) 325-5943 — Legal aid for low-income residents
State Bar Lawyer Referral: www.calbar.ca.gov

Publication

The Bakersfield Californian: (661) 395-7384 — General circulation
Kern Valley Sun: (760) 379-3667 — Lake Isabella area
Mojave Desert News: (661) 822-6828 — Eastern Kern County

Probate in Kern County, California: 2026 Guide