Overview
San Joaquin County is located in California with a population of approximately 816,108. The San Joaquin County Superior Court 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.
For smaller estates, California offers simplified procedures. As of April 1, 2025, if the total value of the estate's personal property is $208,850 or less, you may be able to use a Small Estate Affidavit to transfer assets without formal probate. There is also an affidavit procedure for real property of small value ($69,625 or less). Additionally, a new simplified procedure allows for the succession of a primary residence valued up to $750,000 under certain conditions.
California law sets 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 Joaquin 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
San Joaquin County Superior Court
Probate matters in San Joaquin County are handled at the Lodi Courthouse.
Address: 315 W. Elm St., Lodi, CA 95240
Phone: (209) 992-5696 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is located at the Lodi Courthouse. The court handles decedent estates, trusts, guardianships, and conservatorships.
Parking and Access
Public parking is available in nearby parking structures and metered street parking around the courthouse. Be prepared for security screening upon entry; allow extra time to pass through metal detectors.
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 (for deaths on/after April 1, 2025), you may collect assets via affidavit after a 40-day waiting period.
- Affidavit for Real Property of Small Value: For real property valued at $69,625 or less, a specific affidavit (Form DE-305) can be filed with the court clerk.
- 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 San Joaquin County Superior Court. Include:
- Petition for Probate (Form DE-111)
- Original will and codicils (if any) lodged with the court
- Certified copy of death certificate
- Filing fee (approximately $435)
- Duties and Liabilities of Personal Representative (Form DE-147)
E-filing is available and often encouraged for probate matters in San Joaquin County.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (Form 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 Joaquin County (e.g., The Record or Lodi News-Sentinel) three separate times over a period of at least 15 days before the hearing.
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, issues Letters Testamentary or Letters of Administration. Remote appearance via Zoom may be available; check local rules.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors by sending a Notice of Administration to Creditors (Form DE-157) and allow 4 months for claims.
- 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 federal and state tax returns as needed.
- Distribute assets to beneficiaries after court approval.
- File a final accounting and petition for discharge.
Local Requirements
San Joaquin County-Specific Procedures
- Local Forms: The county requires specific local forms for certain actions, such as the Notice of Remote Appearance (Form SJPR-001) if you intend to appear by video.
- E-Filing: The court accepts e-filing through approved service providers. This is often the most efficient way to file documents.
- Probate Notes: The court posts "Probate Notes" online before hearings, detailing any defects or missing information in your petition. You must address these notes before the hearing, often by filing a supplement.
- Publication: Notice must be published in a newspaper of general circulation in San Joaquin County for three successive weeks (at least 15 days total duration).
Always check the San Joaquin County Local Rules (Rule 4) for the most current probate procedures.
Timeline & Fees
Filing Fees (San Joaquin County)
- Petition for Probate: approximately $435
- Petition for Guardian/Conservator: approximately $435
- Certified copies of Letters: approximately $25 plus $0.50 per page
- Publication costs: approximately $100-$500 depending on the newspaper
- Probate Referee Fee: 0.1% of the appraised value of assets (plus expenses)
Statutory attorney and executor fees are calculated as: 4% of the first $100k, 3% of the next $100k, 2% of the next $800k, and 1% of the next $9M.
Payment Methods
The court accepts checks, money orders, and credit cards (Visa, MasterCard, Discover) when paying in person or via e-filing. A convenience fee typically applies to credit card transactions.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-18 months
- Average estates: 12-24 months
- Complex or contested estates: 2 years or more
Factors affecting the timeline include the 4-month creditor claim period, the time required for the Probate Referee to appraise assets, and court calendar availability.
Local Resources
San Joaquin County Court Resources
- Court Website: sjcourts.org/divisions/probate
- Probate Self-Help: sjcourts.org/self-help/self-help-pro-per-clinic
- California Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- San Joaquin County Bar Association: (209) 948-0125 — Lawyer Referral Service
- California Rural Legal Assistance: (209) 946-0605 — Legal aid for eligible low-income residents
- State Bar Lawyer Referral: calbar.ca.gov
Publication
- The Record (Stockton): (209) 943-6397 — Major county-wide newspaper
- Lodi News-Sentinel: (209) 369-2761 — Serving Lodi and northern county areas