Overview
San Diego County is the second-most-populous county in California, with approximately 3.3 million residents. The San Diego County Superior Court, Probate Division handles all estate matters for decedents who were domiciled in the county at the time of death.
The probate process in San Diego County follows California Probate Code procedures. A Petition for Probate (DE-111) is filed to admit the will and appoint a personal representative. The court issues Letters Testamentary (DE-150) or Letters of Administration upon approval. Most petitioners request authority under the Independent Administration of Estates Act (IAEA), which streamlines estate administration by reducing the need for court approval on routine transactions.
California's small estate affidavit procedure (Probate Code Section 13100) allows heirs to collect assets from estates valued at $184,500 or less without formal probate. A spousal property petition is available for community property transfers to a surviving spouse.
Statutory attorney and executor fees are set by California law based on the gross estate value: 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 Diego County Superior Court or a qualified attorney.
Courthouse Information
San Diego County Superior Court — Probate Division
Probate matters in San Diego County are heard at the Central Courthouse in downtown San Diego.
Address: 1100 Union Street, San Diego, CA 92101
Phone: (619) 844-2700 (Civil Business Office)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Probate Division is located within the Central Courthouse. Check your hearing notice for the specific department assignment.
Parking and Access
The courthouse is accessible via San Diego Trolley (Civic Center Station). Metered street parking and paid parking lots are available in the surrounding area. Visitors should allow time for security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Evaluate whether formal probate is required:
- Small estate affidavit (Probate Code Section 13100): Estates valued at $184,500 or less may qualify for collection by affidavit without formal probate.
- Spousal property petition (DE-221): A surviving spouse may petition to confirm community property without full probate.
- Trust administration: Assets held in a living trust generally bypass probate.
Step 2: File the Petition for Probate (DE-111)
File the Petition for Probate (DE-111) with the San Diego County Superior Court at the Central Courthouse. 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 Diego County accepts e-filing through approved electronic filing service providers.
Step 3: Provide Notice
After filing:
- 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 Diego County for three successive weeks
Step 4: Attend the Hearing
The court typically schedules the hearing 30 to 45 days after filing. If the petition is approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
The personal representative must inventory and appraise assets within four months (DE-160/DE-161), notify creditors, pay valid claims within the statutory period (four months from Letters issuance or 60 days from notice), file taxes, distribute assets, and file a Final Account and Petition for Distribution.
Local Requirements
San Diego County-Specific Procedures
- E-filing: San Diego County Superior Court accepts e-filing for probate matters through approved EFSPs. Certain original documents (such as the original will) must still be lodged with the court in person or by mail.
- Probate examiner review: San Diego County uses probate examiners who review filings before the hearing and may issue notes or requests for corrections. Check for examiner notes before your hearing.
- Department assignment: Probate cases are assigned to specific departments. Verify your department before appearing.
- Publication: Notice must be published in a San Diego County newspaper of general circulation for three successive weeks prior to the hearing.
- Bond: The court may require bond unless waived by the will with IAEA authority granted.
IAEA (Independent Administration of Estates Act)
San Diego County courts routinely grant IAEA authority. With full IAEA, the personal representative can sell real and personal property, pay claims, and make distributions with reduced court oversight. Limited IAEA restricts independent authority over real property sales.
Spousal Property Petition
The surviving spouse or domestic partner may file a petition (DE-221) to confirm community property. This streamlined procedure avoids the full probate process and is commonly used in San Diego County.
Timeline & Fees
Filing Fees (San Diego 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-$350 depending on the newspaper
- Filing a Final Account: additional court filing fee applies
Statutory Attorney and Executor Fees
Fees are set by 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 (no disputes, limited assets): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The minimum timeline is set by the four-month creditor claim period and court scheduling availability.
Local Resources
San Diego County Superior Court Resources
- Court Website: sdcourt.ca.gov
- Probate Self-Help: sdcourt.ca.gov/probate
- California Judicial Council Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- San Diego County Bar Association Lawyer Referral Service: (619) 231-8585
- Legal Aid Society of San Diego: (877) 534-2524
- State Bar of California Lawyer Referral: calbar.ca.gov
Publication
- San Diego Daily Transcript: (619) 232-4381
- San Diego Commerce: (619) 232-4381