Overview
San Francisco County is located in California with a population of approximately 827,526. The Superior Court of California, County of San Francisco 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 valued at $208,850 or less, and a specific exemption exists for primary residences valued up to $750,000 (effective April 1, 2025).
California law mandates 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, and 1% of the next $9 million.
This guide provides an informational overview of the San Francisco 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 Francisco
Probate matters in San Francisco County are handled at the Civic Center Courthouse.
Address: 400 McAllister St., San Francisco, CA 94102-4514
Phone: (415) 551-4000 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 4:00 PM (Closed 12:00 PM - 1:00 PM)
The Probate Department is located in Department 204. The court handles decedent estates, trusts, guardianships, and conservatorships.
Parking and Access
The Civic Center Courthouse does not have a public parking facility. Public parking is available at the Civic Center Garage (355 McAllister St.) and the Performing Arts Garage (360 Grove St.). The courthouse is easily accessible via public transit; take BART or Muni Metro to the Civic Center/UN Plaza station. All visitors must pass through security screening upon entry.
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 collect assets via affidavit after a 40-day waiting period.
- Petition to Determine Succession to Real Property: For estates with real property valued at $208,850 or less.
- Spousal Property Petition: Assets passing to a surviving spouse may be transferred 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 Francisco. Include:
- Original Will and codicils (if any)
- Certified copy of the death certificate
- Duties and Liabilities of Personal Representative (Form DE-147)
- Confidential Supplement to Duties and Liabilities (Form DE-147S)
- Filing fee of approximately $435
- Proposed Order for Probate (Form DE-140) and Letters (Form DE-150)
Note: San Francisco Superior Court mandates e-filing for all probate matters represented by counsel. Self-represented litigants may file in person or by mail but are encouraged to e-file.
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 Francisco County (e.g., San Francisco Daily Journal or San Francisco Examiner) for at least three separate publications over a period of at least 15 days.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 8 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:
- Mail Notice of Administration to Creditors and file proof with the court.
- Inventory and Appraise all estate assets within 4 months of appointment (using a Probate Referee for non-cash assets).
- Pay valid creditor claims and taxes.
- File a Final Accounting and Petition for Final Distribution.
- Distribute assets to beneficiaries and obtain receipts.
- File a petition for discharge to close the estate.
Local Requirements
San Francisco County-Specific Procedures
- E-Filing: Mandatory for attorneys in all probate cases. The court uses File & ServeXpress and other certified vendors.
- Local Forms: San Francisco requires specific local forms for certain actions, such as the Proof of Payment of Assessment Fees (Form PRB-PCN-004) before final distribution.
- Status Reports: If the estate is not closed within 12 months (or 18 months for federal tax estates), a Status Report must be filed.
- Publication: Notice must be published in a newspaper of general circulation in San Francisco County. The court maintains a list of adjudicated newspapers.
Consult the San Francisco Superior Court Local Rules (Rule 14) for detailed probate requirements.
Timeline & Fees
Filing Fees (San Francisco County)
- Petition for Probate: approximately $435
- Petition for Final Distribution: approximately $435
- Certified copies of Letters: approximately $40 (fee varies by page count)
- Publication costs: approximately $500-$1,200 depending on the newspaper
- Probate Referee fee: 0.1% of the appraised value of assets (plus expenses)
Statutory Attorney & Executor Fees:
California law sets the following fees based on the gross value of the estate:
- 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 credit cards (Visa, Mastercard, Discover), checks, and money orders. E-filing vendors typically charge a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 12-18 months
- Average estates: 18-24 months
- Complex or contested estates: 2 years or more
Delays often occur due to the 4-month creditor claim period, delays in the Probate Referee's appraisal, or court calendar congestion.
Local Resources
San Francisco County Court Resources
- Court Website: sf.courts.ca.gov
- Probate Self-Help: sf.courts.ca.gov/access-legal-self-help-center
- California Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- Bar Association of San Francisco: (415) 989-1616 — Lawyer Referral Service
- Bay Area Legal Aid: (415) 982-1300 — Legal assistance for low-income residents
- State Bar of California: calbar.ca.gov
Publication
- San Francisco Daily Journal: (415) 296-2400 — Legal newspaper
- San Francisco Examiner: (415) 359-2600 — General circulation
- Small Business Exchange: (415) 778-6250 — Adjudicated newspaper