Overview
Mariposa County is located in California with a population of approximately 17,152. The Superior Court of California, County of Mariposa 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. For deaths occurring on or after April 1, 2025, if the gross 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. There is also a simplified process for real property valued at $69,600 or less.
California law sets statutory fees for attorneys and personal representatives based on the 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 Mariposa 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 Mariposa
Probate matters in Mariposa County are handled at the Historic Courthouse.
Address: 5088 Bullion Street, Mariposa, CA 95338
Phone: (209) 966-2005 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 3:00 PM
The Probate Division handles decedent estates, trusts, guardianships, and conservatorships. The court clerk's office is located in the historic courthouse building.
Parking and Access
Street parking is available around the courthouse on Bullion Street and adjacent streets. The building is a historic structure; check for accessible entrance signage if elevator access is required.
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 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).
- 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 Mariposa. Include:
- Original Will and codicils (if any)
- Notice of Petition to Administer Estate (Form DE-121)
- Duties and Liabilities of Personal Representative (Form DE-147)
- Certified death certificate
- Filing fee (approximately $435)
- Proposed Order for Probate (Form DE-140)
E-filing may be available; check the court's website for the latest approved e-filing service providers.
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 Mariposa County (e.g., the Mariposa Gazette) 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, signs the Order for Probate. You then file the Order and issued Letters (Form DE-150).
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 of appointment (Form DE-160).
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Final Account and Petition for Final Distribution to close the estate.
Local Requirements
Mariposa County-Specific Procedures
- Local Forms: While Mariposa County uses standard Judicial Council forms for most probate actions, always check the "Local Forms" section of the court website for any specific declarations or cover sheets required.
- Publication: Notice must be published in a newspaper of general circulation in Mariposa County, such as the Mariposa Gazette.
- Proposed Orders: Submit a proposed Order for Probate (DE-140) at the time of filing the petition.
- Court Investigator: For guardianships and conservatorships, a court investigator fee may apply.
Always consult the Mariposa County Superior Court Local Rules for detailed procedural requirements.
Timeline & Fees
Filing Fees (Mariposa County)
- Petition for Probate: approximately $435
- Petition for Final Distribution: approximately $435
- Certified copies of Letters: approximately $25 + $0.50 per page
- Publication costs: approximately $150-$400 depending on the newspaper
- Probate Referee Appraisal Fee: 0.1% of non-cash assets
California Statutory Attorney & Executor Fees:
- 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, and credit cards (Visa/Mastercard). A convenience fee typically applies to credit card transactions.
Estimated Timelines
- Simple estates: 7-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Delays often occur due to the 4-month creditor claim period, delays in appraisal, or court calendar congestion.
Local Resources
Mariposa County Court Resources
- Court Website: mariposa.courts.ca.gov
- Probate Self-Help: selfhelp.courts.ca.gov/probate
- California Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- Mariposa County Bar Association: (209) 966-2005 — Contact court for local listings
- Central California Legal Services: (800) 675-8001 — Legal aid for low-income residents
- California State Bar Lawyer Referral: calbar.ca.gov
Publication
- Mariposa Gazette: (209) 966-2500 — Newspaper of general circulation