Overview
San Bernardino County is the fifth-most-populous county in California and the largest county by area in the contiguous United States. With approximately 2.2 million residents, the San Bernardino County Superior Court, Probate Division handles all estate matters 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 commonly granted in San Bernardino 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, avoiding formal probate. A spousal property petition is available for community property transfers.
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 San Bernardino County Superior Court or a qualified attorney.
Courthouse Information
San Bernardino County Superior Court — Probate Division
Probate matters in San Bernardino County are heard at the San Bernardino Justice Center in downtown San Bernardino.
Address: 247 West Third Street, San Bernardino, CA 92415
Phone: (909) 521-3100 (Civil/Probate)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
San Bernardino County has multiple court locations throughout its vast geographic area, but probate matters are typically heard at the San Bernardino Justice Center. Check your hearing notice for the specific department.
Parking and Access
Parking is available in lots near the Justice Center. The courthouse is accessible from the 215 and 10 freeways. Visitors should plan 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 San Bernardino 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)
San Bernardino 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 San Bernardino County for three successive weeks
Step 4: Attend the Hearing
The hearing is typically 30 to 45 days after filing. The court issues Letters 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
San Bernardino County-Specific Procedures
- E-filing: San Bernardino County Superior Court accepts e-filing through approved EFSPs. Original wills must be lodged with the court.
- Probate examiner review: The court uses probate examiners to review filings before hearings. Review examiner notes before your hearing date.
- Geographic scope: Despite the county's large geographic area, probate matters are centralized at the San Bernardino Justice Center.
- Publication: Notice must appear in a San Bernardino County newspaper of general circulation for three successive weeks.
- Bond: May be required unless waived by the will with IAEA authority.
IAEA in San Bernardino County
San Bernardino County courts grant IAEA authority upon request in most cases. Full IAEA allows the personal representative to manage estate transactions without repeated court appearances.
Spousal Property Petition
A surviving spouse or domestic partner may file a petition (DE-221) to confirm community property and avoid full probate.
Timeline & Fees
Filing Fees (San Bernardino 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 $150-$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. Card payments may incur a convenience fee.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The minimum timeline includes the four-month creditor claim period.
Local Resources
San Bernardino County Superior Court Resources
- Court Website: sb-court.org
- Self-Help Center: sb-court.org/self-help
- California Judicial Council Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- San Bernardino County Bar Association Lawyer Referral Service: (909) 885-1986
- Inland Counties Legal Services: (888) 245-4257
- State Bar of California Lawyer Referral: calbar.ca.gov
Publication
- The Sun: (909) 386-3800 — serves the San Bernardino/Inland Empire area
- San Bernardino County Sentinel: Legal notice publication