Overview
Napa County is located in California with a population of approximately 133,000. The Napa County Superior Court 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. Additionally, a simplified petition process is available for real property (primary residence) valued at $750,000 or less.
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 Napa 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
Napa County Superior Court
Probate matters in Napa County are handled at the Historic Courthouse.
Address: 825 Brown Street, Napa, CA 94559
Phone: (707) 299-1100 (Main) | (707) 299-1130 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (drop box available until 5:00 PM)
The Probate Division is located within the Historic Courthouse. Filings can be made in person at the clerk's office or electronically.
Parking and Access
Public parking is available in downtown Napa. There are parking garages located on Pearl Street and Clay Street within walking distance of the courthouse. Limited street parking is also available but check for time limits. The courthouse is accessible via public transit; the Napa Valley Transportation Authority (VINE) operates bus routes with stops near downtown Napa.
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).
- 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 Napa County Superior Court. Include:
- Original Will: If the decedent left a will, the original must be lodged with the court.
- Duties and Liabilities: Form DE-147 signed by the personal representative.
- Certified Death Certificate: A certified copy must be filed.
- Filing Fee: Approximately $435 (check current fee schedule).
- Proposed Order and Letters: Forms DE-140 and DE-150.
Napa County Superior Court accepts e-filing for probate matters.
Step 3: Provide Notice
After filing, you must:
- Mail notice (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 Napa County (e.g., Napa Valley Register) for at least 15 days (three publications) before the hearing.
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. The clerk then issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Mail notice to known creditors and the Franchise Tax Board within the statutory period (generally 4 months).
- Inventory and Appraise: File an Inventory and Appraisal (Form DE-160) within 4 months of appointment. A Probate Referee is usually assigned to appraise non-cash assets.
- Pay valid claims: Pay debts, administrative expenses, and taxes.
- Distribute assets: File a petition for final distribution and accounting.
Local Requirements
Napa County-Specific Procedures
- E-Filing: The court encourages e-filing for civil and probate cases.
- Probate Notes: The court may post "probate notes" online prior to the hearing, identifying any defects or missing documents. Parties should review these notes and clear any deficiencies before the hearing date.
- Local Forms: While most forms are statewide Judicial Council forms, check the court's website for any required local cover sheets or declarations.
- Publication: Notice must be published in a newspaper of general circulation in Napa County, such as the Napa Valley Register.
Timeline & Fees
Filing Fees (Napa 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 Fees: 0.1% of the appraised value of assets + expenses
California statutory attorney and executor fees are calculated as a percentage of the estate value (4% of first $100k, 3% of next $100k, 2% of next $800k, etc.).
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa/Mastercard). A convenience fee applies for credit card payments.
Estimated Timelines
- Simple estates: 9-12 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
Napa County Court Resources
- Court Website: napa.courts.ca.gov
- Probate Division: napa.courts.ca.gov/divisions/civil
- California Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- Napa County Bar Association: (707) 252-8127 — Offers a lawyer referral service.
- Bay Area Legal Aid (Napa Office): (707) 259-0579 — Provides legal assistance to low-income residents.
- California State Bar Lawyer Referral: calbar.ca.gov
Publication
- Napa Valley Register: (707) 226-3711 — Major newspaper of general circulation in the county.