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San Mateo County Probate Guide

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

(650) 261-5100County Clerk
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Superior Court of California, County of San Mateo|
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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

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

Note: Fees set by California Uniform Civil Fee Schedule (effective January 1, 2024).

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 (effective January 1, 2024).

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)

    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)

E-Filing & Filing Methods

Source ↗
Various (county-specific)Case SearchProbate FormsSmart 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

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

Hearing Scheduling

Typical wait: 4-8 weeks

Hearing Types

Probate Hearing (Petition for Probate)
Duration: 15-30 minutes · Attends: Petitioner, Attorney if any, Objecting parties if any
Final Distribution Hearing
Duration: 15-30 minutes · Attends: Personal Representative, Beneficiaries (optional), Attorney if any

Related Proceedings

Property Recording

Source ↗

Recording Fees

First Page
$25.00
Additional Pages
$3.00
Records Search Property Search

Guardianship

Sometimes parents cannot take care of their child. When that's the case, the court can be asked to appoint another adult to take care of the child.

Filing Fees

Person Only
$435
Property/Estate
$435
guardianship of person

Guardian makes decisions about child's care, welfare, and education

guardianship of estate

Guardian manages child's property and finances

Sources (8)