Skip to main content

San Benito County Probate Guide

Superior Court of California, County of San Benito · Updated January 2026

(831) 636-4057County Clerk
Family Guide
Professional Reference
Superior Court of California, County of San Benito|
Case SearchE-File
Jump to:FeesDocumentsFilingDeadlinesGuardianship

Filing & Fees

Complete Fee Schedule

Source ↗

Probate Filing Fees

Filing TypeFee
Petition for Probate
Standard probate filing fee
$435
Small Estate Affidavit
For estates under threshold (no court filing needed)
$0
Spousal Property Petition
Transfer community property to surviving spouse
$435
Real Property Petition
Transfer real property without full probate
$435
Guardianship (Person Only)
Guardian of the person only
$205

Accepted Payment: Cash, Check, Credit Card, Money Order

Note: Fees set by California Uniform Civil Fee Schedule.

Document Fees

Certified Copy (per page)
$1
Certification (per document)
$2
Payment Methods: Cash, Check, Credit Card, Money Order

Fees set by California Uniform Civil Fee Schedule.

Required Documents

  • Petition for Probate(DE-111)

    Judicial Council form - starts probate case

  • Notice of Petition to Administer Estate(DE-121)

    Must be mailed/served to heirs and beneficiaries

  • Death Certificate

    Certified copy required. Order 10-15 copies.

  • Original Will (if exists)

    Original will must be filed with court

  • Duties and Liabilities of Personal Representative(DE-147)

    Must be signed by personal representative

  • Inventory and Appraisal(DE-160)

    Due within 4 months of appointment. Probate referee appraises non-cash assets.

  • Notice of Administration to Creditors(DE-157)
  • Petition for Probate(DE-111)
  • Notice of Petition to Administer Estate(DE-121)
  • Death Certificate

    Certified copy required. Order 10-15 copies.

  • Original Will (if exists)

    Original will must be filed with court.

  • Duties and Liabilities of Personal Representative(DE-147)
  • Inventory and Appraisal(DE-160)

    Due within 4 months of appointment. Probate referee appraises non-cash assets.

E-Filing & Filing Methods

Source ↗
Various (county-specific)Case SearchProbate Forms
Filing Methods: in person, e file

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
30 days
Creditor Claims
4 months
Known Creditor Notice
30 days

Creditor Claims

Period Starts
date of first publication of notice to creditors
Statute
California Probate Code sections 9100-9103

Publication Requirements

Notice to Creditors

Newspaper
General circulation newspaper in San Benito County
Duration
Once a week for 3 successive weeks
Deadline
Within 30 days after letters issued
Est. Cost
Varies by newspaper and county - typically $150-$400

Notice of Petition/Administration

Must be sent within 15 days to:

  • All heirs named in will
  • All intestate heirs (if no will)
  • Spouse or domestic partner

Related Proceedings

Property Recording

Source ↗

Recording Fees

First Page
$25.00
Additional Pages
$3.00

Guardianship

Guardianship is a court proceeding in which a judge gives someone who is not the parent custody of a child, or the power to manage the child's property (called 'estate'), or both.

Filing Fees

Person Only
$205
Property/Estate
$355
guardianship of person

Guardian has custody of child - same responsibilities as a parent for food, clothing, shelter, safety, physical and emotional growth, medical and dental care, education, and special needs

guardianship of estate

Guardian manages child's income, money or other property until the child turns 18

Sources (11)