Overview
San Benito County is located in California with a population of approximately 69,159. The Superior Court of California, County of San Benito 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 decedent's real and personal property in California is $208,850 or less, successors may be able to use an Affidavit for Collection of Personal Property (Form DE-131) after a 40-day waiting period, avoiding full probate. There is also a simplified process for real property of small value (currently $69,625 or less) using Form DE-160.
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, 1% of the next $9 million, and 0.5% of the next $15 million.
This guide provides an informational overview of the San Benito 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 San Benito
Probate matters in San Benito County are handled at the Hollister Courthouse.
Address: 450 Fourth Street, Hollister, CA 95023
Phone: (831) 636-4057 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 3:30 PM (Clerk's Office)
The Probate Division is responsible for handling decedent's estates, guardianships, and conservatorships. The court is located in downtown Hollister.
Parking and Access
Public parking is available in the surface lot adjacent to the courthouse for jurors and visitors. Street parking is also available in the surrounding area. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's gross value is $208,850 or less (for deaths on/after April 1, 2025), you may be able to transfer personal property by affidavit after 40 days.
- Spousal Property Petition: Assets passing to a surviving spouse may be transferred via a Spousal Property Petition (Form DE-221) without full administration.
- 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 San Benito. Include:
- Notice of Petition to Administer Estate (Form DE-121)
- Duties and Liabilities of Personal Representative (Form DE-147)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee of approximately $435
- Proposed Order for Probate (Form DE-140)
E-filing is available and encouraged for probate matters in San Benito County.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Form DE-121) 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 San Benito County (such as the Hollister Free Lance) 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. The clerk then 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 within the statutory period (generally 4 months).
- Inventory and appraise all estate assets within 4 months of appointment (Form DE-160/DE-161).
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Account and Petition for Final Distribution to close the estate.
Local Requirements
San Benito County-Specific Procedures
- E-Filing: The court accepts e-filing through approved service providers.
- Local Forms: While Judicial Council forms are standard, check the court's "Local Forms" page for any specific county declarations or cover sheets required for probate.
- Tentative Rulings: The court may issue tentative rulings prior to the hearing. Parties should check the court's website or call the tentative ruling line to see if an appearance is required.
- Publication: Notice must be published in a newspaper of general circulation in San Benito County, such as the Hollister Free Lance, for the required statutory period.
Always consult the San Benito County Local Rules of Court for the most up-to-date procedural requirements.
Timeline & Fees
Filing Fees (San Benito County)
- Petition for Probate: approximately $435
- Petition for Spousal Property: approximately $435
- Certified copies of Letters: approximately $40 ($25 for certification + $15 per copy)
- Publication costs: approximately $150-$400 depending on the newspaper
- Probate Referee Fees: 0.1% of the appraised value of assets (plus expenses)
California law sets statutory fees for the attorney and personal representative:
- 4% on the first $100,000
- 3% on the next $100,000
- 2% on the next $800,000
- 1% on the next $9,000,000
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa/Mastercard). A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Delays can occur due to the 4-month creditor claim period, tax return processing, or court calendar congestion.
Local Resources
San Benito County Court Resources
- Court Website: https://www.sanbenito.courts.ca.gov/
- Probate Division: https://www.sanbenito.courts.ca.gov/divisions/probate
- California Probate Forms: https://www.courts.ca.gov/forms.htm
Legal Aid and Attorney Referrals
- San Benito County Bar Association: (831) 636-1229 — Local attorney information
- California Rural Legal Assistance (Hollister): (831) 637-5517 — Legal aid for eligible low-income residents
- State Bar of California Lawyer Referral Service: http://www.calbar.ca.gov
Publication
- Hollister Free Lance: (831) 637-5566 — Newspaper of general circulation