Overview
Sacramento County is the eighth-most-populous county in California, with approximately 1.6 million residents. As home to the state capital, Sacramento County's Superior Court handles a significant volume of estate matters. The Sacramento County Superior Court, Probate Division handles all estate cases for decedents domiciled in the county at the time of death.
California probate follows the Probate Code. The process begins with filing a Petition for Probate (DE-111) to admit the will and appoint a personal representative. The court issues Letters Testamentary (DE-150) or Letters of Administration upon approval. The Independent Administration of Estates Act (IAEA) is routinely requested in Sacramento County.
Estates valued at $184,500 or less (as of 2024) may qualify for California's small estate affidavit procedure under Probate Code Section 13100.
Statutory attorney and executor fees are set by law: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and decreasing percentages for larger estates.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Sacramento County Superior Court or a qualified attorney.
Courthouse Information
Sacramento County Superior Court — Probate Division
Probate matters in Sacramento County are heard at the Gordon D. Schaber Courthouse in downtown Sacramento.
Address: 720 9th Street, Sacramento, CA 95814
Phone: (916) 874-5522 (Civil/Probate)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division handles estate matters, conservatorships, and guardianships. Check your hearing notice for the specific department assignment.
Parking and Access
The courthouse is accessible via Sacramento Regional Transit (RT) light rail. Paid parking is available in nearby city garages and lots. Metered street parking is available but limited. Allow time for security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Evaluate your options:
- Small estate affidavit (Probate Code Section 13100): Estates valued at $184,500 or less may qualify.
- Spousal property petition (DE-221): For community property transfers to a surviving spouse.
- Trust administration: Assets in a living trust generally bypass probate.
Step 2: File the Petition for Probate (DE-111)
File at the Sacramento County Superior Court. Include:
- Completed DE-111 form
- Original will and codicils (if any)
- Certified death certificate
- Filing fee
- Proposed Order for Probate (DE-140)
- Duties and Liabilities of Personal Representative (DE-147)
Sacramento County accepts e-filing through approved electronic filing service providers.
Step 3: Provide Notice
- Mail notice (DE-120, 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 Sacramento County for three successive weeks
Step 4: Attend the Hearing
The hearing is typically scheduled 30 to 45 days after filing. Letters are issued upon approval.
Step 5: Administer the Estate
Inventory and appraise assets within four months, notify creditors, pay valid claims (four months from Letters issuance or 60 days from notice), file taxes, distribute assets, and file a Final Account.
Local Requirements
Sacramento County-Specific Procedures
- E-filing: Sacramento County Superior Court accepts e-filing through approved EFSPs. Original wills must be lodged with the court.
- Probate examiner review: Sacramento County uses probate examiners who review filings before hearings. Examiner notes are available before the hearing date.
- Local rules: Sacramento County has local court rules that supplement the statewide rules. Check the court website for the current local rules related to probate.
- Publication: Notice must appear in a Sacramento County newspaper of general circulation for three successive weeks.
- Bond: May be required unless waived by the will with IAEA authority.
IAEA in Sacramento County
Sacramento County courts routinely grant IAEA authority. Full IAEA allows the personal representative to manage the estate with reduced court supervision.
Spousal Property Petition
A surviving spouse or domestic partner may file a petition (DE-221) to confirm community property without full probate administration.
Timeline & Fees
Filing Fees (Sacramento County)
- Petition for Probate (DE-111): approximately $435-$550
- Probate Referee fee: approximately 0.1% of appraised non-cash assets (minimum $150)
- Certified copies of Letters: approximately $25-$30 per certified copy
- Publication costs: approximately $100-$300 depending on the newspaper
- Filing a Final Account: additional court filing fee
Statutory Attorney and Executor Fees
Per Probate Code Section 10810:
- 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/debit cards. A convenience fee may apply to card payments.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The four-month creditor claim period sets the minimum timeline.
Local Resources
Sacramento County Superior Court Resources
- Court Website: saccourt.ca.gov
- Probate Information: Available through the court website under civil/probate division
- Self-Help Center: saccourt.ca.gov/self-help
- California Judicial Council Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- Sacramento County Bar Association Lawyer Referral Service: (916) 856-5038
- Legal Services of Northern California: (916) 551-2150
- State Bar of California Lawyer Referral: calbar.ca.gov
Publication
- The Daily Recorder: (916) 444-2355 — legal newspaper serving Sacramento County
- Sacramento Bee: Major newspaper of general circulation in Sacramento County