ProbateUS
Probate Court

San Diego County

California

(619) 844-2676

Court Location & Contact

Address

1100 Union Street, 3rd Floor, San Diego, CA 92101

Filing Fees

San Diego County, California

Fee TypeAmount
Petition for Probate$435

Probate Forms Library

101 fillable forms — scroll to browse

W-9ANCILLARY SERVICES REQUEST FORMCounty of San DiegocountyDownload
PR149Annual Declaration Re Waiver Of AccountingscountyDownload
PR121CConfidential Financial Statement CoversheetcountyDownload
PKT041Fee Waiver Packet Guardianships And ConservatorshipscountyDownload
Glossary of words commonly used in ProbatePDFcountyDownload
PR098Order (Guardianship)countyDownload
PR-193PR-193 General Information for Self-Represented LitigantsSan Diego Superior CourtcountyDownload
PR189Request for Copies (Probate)PDFcountyDownload
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGOSan Diego Superior CourtcountyDownload
PR132View PDFcountyDownload
PKT057View PDFcountyDownload
PR062View PDFcountyDownload
PR202View PDFcountyDownload
PR195View PDFcountyDownload
PR191View PDFcountyDownload
PR201View PDFcountyDownload
PR197View PDFcountyDownload
PR203View PDFcountyDownload
PR194View PDFcountyDownload
PR196View PDFcountyDownload
PR198View PDFcountyDownload
PKT037View PDFcountyDownload
PR-132View PDFcountyDownload
PR190View PDFcountyDownload
PKT030View PDFcountyDownload
PKT012View PDFcountyDownload
PKT045View PDFcountyDownload
PR083View PDFcountyDownload
PR157View PDFcountyDownload
PR186View PDFcountyDownload
PR096AView PDFcountyDownload
PR097View PDFcountyDownload
1041Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-TAllocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4Application for Child's Insurance BenefitsfederalDownload
SF 2800Application for Death Benefits (CSRS)federalDownload
SF 3104Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4Application for Employer Identification NumberfederalDownload
706Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041Capital Gains and Losses (Estates and Trusts)federalDownload
706-CECertification of Payment of Foreign Death TaxfederalDownload
FE6Claim for Death Benefits (FEGLI)federalDownload
VA40-1330Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7Designation Of Beneficiary (FEGLI)federalDownload
SF 2823Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041Estimated Income Tax for Estates and TrustsfederalDownload
706Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GSGeneration-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GSGeneration-Skipping Transfer Tax Return for TerminationsfederalDownload
8971Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56Notice Concerning Fiduciary RelationshipfederalDownload
706-GSNotification of Distribution From a Generation-Skipping TrustfederalDownload
1041-VPayment Voucher (Estate or Trust)federalDownload
I-360Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HASRequest for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721Statement of Death by Funeral DirectorfederalDownload
1310Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NAU.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDTU.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 UU.S. Income Tax Return for Estates and TrustsfederalDownload
1041-AU.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-AUnited States Additional Estate Tax ReturnfederalDownload
706 UNITEDUnited States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload
DE-350Application for Letters of AdministrationstateDownload
GC-342Bond Order - ConservatorshipstateDownload
DE-172Creditor's ClaimstateDownload
DE-270Ex Parte Petition for Authority to Sell SecuritiesstateDownload
DE-275Ex Parte Petition for Securities OrderstateDownload
DE-154Filing of Bond on QualifyingstateDownload
DE-120-MAInventory and Appraisal Attachment (multi-asset)stateDownload
DE-120-PInventory and Appraisal Attachment (personal property)stateDownload
DE-120-PAInventory and Appraisal Attachment (personal/asset)stateDownload
GC-322Letters of ConservatorshipstateDownload
JV-213Letters of Guardianship of MinorstateDownload
GC-341-MAMental Health Treatment AuthorizationstateDownload
DE-125Notice of Hearing - Decedent's EstatestateDownload
DE-115Notice of Petition to Administer EstatestateDownload
DE-121-MANotice of Petition to Administer Estate AttachmentstateDownload
GC-310Order Appointing Probate ConservatorstateDownload
DE-315Order Determining Succession to Real PropertystateDownload
DE-351Order for Letters of AdministrationstateDownload
GC-100Petition for Appointment of Probate ConservatorstateDownload
GC-210-CAPetition for Appointment of Probate Conservator (Capacity Declaration)stateDownload
DE-111-A3EPetition for Probate Attachment 3estateDownload
DE-310Petition to Determine Succession to Real PropertystateDownload
DE-260Report of Sale and Petition for Order Confirming Sale of Real PropertystateDownload
DE-221Spousal or Domestic Partner Property PetitionstateDownload
DE-142Waiver of Bond by Heir or BeneficiarystateDownload

Probate Guide

Probate in San Diego County, California

The San Diego County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in San Diego County, CA, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In California, the probate court in each county oversees this process.

When Is Probate Required in California?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above California's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in San Diego County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the San Diego County Probate Court to open probate

  3. Notify heirs and creditors as required by California law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In California, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While California does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with San Diego County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the San Diego County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

Probate Examiners available by phone 10:00-10:30 AM. Phone hours 8:30 AM - 11:30 AM, Monday-Friday.

Office Hours

Monday-Friday8:30 AM - 4:00 PM

FAQ

Where do I file for probate in San Diego County, CA?

Probate petitions for estates in San Diego County are filed at the San Diego County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in San Diego County?

Probate filing fees in San Diego County, California vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in California?

Probate in California typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in San Diego County?

While not always legally required in California, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in California, their assets are distributed according to state intestacy laws. The San Diego County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, California

Brian Tsu

Higgs Fletcher & Mack LLP

San Diego · < 1 mi

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Ralph Hughes

Hughes & Pizzuto, APC

San Diego · < 1 mi

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S. Andrew (Andy) Pharies

Duane Morris LLP

San Diego · < 1 mi

Shirley Kovar

Kovar Trust and Estate Law

Coronado · 3 mi

Adam Hirsch

University of San Diego School of Law

San Diego · 4 mi

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