Overview
Solano County is located in California with a population of approximately 455,101. The Superior Court of California, County of Solano 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.
Small Estate Procedures:
- Affidavit for Collection of Personal Property: For estates valued at $208,850 or less (for deaths on or after April 1, 2025).
- Petition to Determine Succession to Real Property: For estates containing real property valued at $208,850 or less.
- Affidavit re Real Property of Small Value: For real property valued at $69,600 or less.
- Small Estate Real Property Option: Effective April 1, 2025, a simplified procedure may be available for a primary residence valued at $750,000 or less.
Statutory Fees:
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
- 1% of the next $9 million
This guide provides an informational overview of the Solano 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 Solano
Probate matters in Solano County are handled at the Hall of Justice.
Address: 600 Union Avenue, Fairfield, CA 94533
Phone: (707) 207-7341 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 12:00 PM, 1:00 PM to 3:00 PM (Phone); 8:00 AM to 3:00 PM (Drop-in/Appointment)
The Probate Division handles decedents' estates, trusts, guardianships, and conservatorships.
Parking and Access
A parking garage with limited time zone parking is located adjacent to the Solano County Government Center at the corner of Delaware and Jefferson Streets. Limited time zone parking is also available directly in front of the Hall of Justice. Jury parking is available at the corner of Texas and Washington Streets.
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 be able to transfer assets without court administration after a 40-day waiting period.
- Spousal Property Petition: Assets passing to a surviving spouse may be transferred via a simplified petition.
- 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 and codicils (if any)
- Certified 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)
E-filing is mandatory for attorneys and permissive for self-represented litigants in Solano County.
Step 3: Provide Notice
After filing, you must:
- Mail notice (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 Solano County (e.g., Benicia Herald or The Daily Republic) for three successive weeks.
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. You must then file the Order and issued Letters (Form DE-150).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months for claims.
- Inventory and appraise all estate assets within 4 months of appointment (Probate Referee appraises non-cash assets).
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries after court approval.
- File a Final Account and Petition for Final Distribution to close the estate.
Local Requirements
Solano County-Specific Procedures
- E-Filing: Mandatory for attorneys in probate cases; optional for self-represented parties.
- Local Forms: Solano County may require specific local forms such as a Declaration Re: Venue or local status reports. Check the court's "Local Forms" page.
- Probate Notes: The court posts "Probate Notes" online before the hearing, listing any deficiencies or questions. You must address these notes (often by filing a supplement) before the hearing to avoid a continuance.
- Publication: Notice must be published in a newspaper of general circulation adjudicated for the specific city where the decedent resided.
Consult the Solano County Local Rules of Court (Chapter 7) for detailed probate requirements.
Timeline & Fees
Filing Fees (Solano County)
- Petition for Probate: approximately $435
- Petition to Determine Succession to Real Property: approximately $435
- Spousal Property Petition: approximately $435
- Certified copies of Letters: approximately $40 ($25 certification + $15 per copy)
- Publication costs: approximately $150-$450 depending on the newspaper
Note: Fees are subject to change. Check the current Statewide Civil Fee Schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa/Mastercard/Discover/AMEX). Credit card payments may incur a convenience fee, especially when e-filing.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting timeline include the 4-month creditor claim period, time for the Probate Referee to appraise assets, and court calendar availability.
Local Resources
Solano County Court Resources
- Court Website: solano.courts.ca.gov
- Probate Division: solano.courts.ca.gov/divisions/probate-conservatorshipguardianship
- California Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- Solano County Bar Association: (707) 422-5087 — Main Office
- Solano County Bar Association Lawyer Referral Service: (707) 422-0127
- Legal Services of Northern California (Vallejo): (707) 643-0054
- California State Bar: calbar.ca.gov
Publication
- Benicia Herald: (707) 745-0733
- The Daily Republic (Fairfield): (707) 425-4646
- Tri-County Sentry: (805) 983-0015 (Verify local circulation)