Overview
San Mateo County is located in California with a population of approximately 742,893. The Superior Court of California, County of San Mateo 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 estate is $208,850 or less, you may be able to use a small estate affidavit to transfer personal property without full probate. Real property valued at $69,625 or less can also be transferred via a simplified affidavit process.
California law sets statutory fees for attorneys and executors 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 Mateo 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 Mateo
Probate matters in San Mateo County are handled at the Hall of Justice (Southern Branch) in Redwood City.
Address: 400 County Center, Redwood City, CA 94063
Phone: (650) 261-5100 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 1:00 PM (BY APPOINTMENT ONLY); Phone hours 8:00 AM to 4:00 PM
The Probate Division handles decedent's estates, guardianships, conservatorships, and trust matters. The Probate Supervising Judge is Lisa A. Novak (Department 13). While the Clerk's Office operates by appointment only, documents can often be filed via the court's e-filing system or drop box.
Parking and Access
Public parking is available near the Hall of Justice, though it can be limited during peak hours. The facility is accessible to persons with disabilities, and security screening is required for 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 gross value is $208,850 or less (for deaths on/after April 1, 2025), you may be able to transfer assets via affidavit after a 40-day waiting period.
- Spousal Property Petition: Assets passing to a surviving spouse may qualify for a simplified petition (Form DE-221).
- 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. Include:
- Original Will: If the decedent left a will, the original must be lodged with the court.
- Certified Death Certificate: Required to prove the decedent's passing.
- Filing Fee: Approximately $435 (subject to change).
- Duties and Liabilities: Form DE-147 signed by the personal representative.
San Mateo County mandates e-filing for attorneys in probate cases and encourages it for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Form DE-121) to all heirs, beneficiaries, and executors named in the will at least 15 days before the hearing.
- Publish notice in a newspaper of general circulation in San Mateo County (e.g., The Daily Journal) three times before the hearing.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. The judge will review the petition and, if everything is in order, sign the Order for Probate and issue Letters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify Creditors: Mail notice to known creditors and allow 4 months for claims.
- Inventory and Appraisal: File an Inventory and Appraisal (Form DE-160) within 4 months of appointment. A Probate Referee is usually assigned to appraise non-cash assets.
- Pay Debts & Taxes: Settle valid claims and file necessary tax returns.
- Close the Estate: File a Final Account and Petition for Final Distribution to distribute assets and close the case.
Local Requirements
San Mateo County-Specific Procedures
- E-Filing: Electronic filing is mandatory for attorneys in probate matters and strongly encouraged for all filers. The court uses systems like Odyssey eFileCA.
- Local Forms: San Mateo County requires specific local forms in addition to Judicial Council forms, such as the Request for Appointment of Official Reporter (if applicable) or specific declarations regarding notice.
- Probate Referee: The court will appoint a Probate Referee to appraise estate assets. You may need to file Local Form PR-5 (Request for Appointment of Referee) if one is not automatically assigned.
- Publication: Notice must be published in a newspaper of general circulation in San Mateo County for three successive weeks.
Consult the San Mateo County Superior Court Local Rules, Division IV (Probate Department) for detailed procedural requirements.
Timeline & Fees
Filing Fees (San Mateo County)
- Petition for Probate: approximately $435
- Petition for Final Distribution: approximately $435
- Certified copies of Letters: approximately $25-$40 per copy
- Publication costs: approximately $150-$450 depending on the newspaper
- Probate Referee Fee: 0.1% of the appraised value of assets (plus expenses)
Statutory Fees
California law sets the fees for the attorney and personal representative:
- 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 credit cards (Visa, Mastercard, Discover) for e-filing. In-person payments can be made via cash, check, or money order.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Delays often occur due to errors in the petition, failure to properly notify creditors, or tax complications.
Local Resources
San Mateo County Court Resources
- Court Website: sanmateo.courts.ca.gov
- Probate Self-Help: San Mateo Court Self-Help
- California Probate Forms: Judicial Council Forms
Legal Aid and Attorney Referrals
- San Mateo County Bar Association: (650) 369-4149 — Lawyer Referral Service
- Legal Aid Society of San Mateo County: (650) 558-0915 — Low-income legal assistance
- State Bar of California: calbar.ca.gov
Publication
- The Daily Journal: (650) 344-5200 — General circulation
- San Mateo County Times: (408) 920-5000 — General circulation
- Peninsula News: (650) 344-5200 — General circulation