San Mateo County
Probate Court
In California, estates are probated in the Superior Court (Probate Division). This page gathers where to file in San Mateo County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in San Mateo County
- Handled by
- Superior Court (Probate Division)In California, probate cases are heard by the Probate Division of the County Superior Court. California enforces strict statutory rules regarding attorney and executor fees, probate referee appraisals, and formal notices.
- Probate office
- San Mateo Superior Court - Hall of Justice (Probate) 400 County Center, Redwood City, CA 94063 (650) 261-5100 Checked on the court's website, Sept 2026 · sanmateo.courts.ca.gov
- County building
- San Mateo County Office of Education 1800 Rollins Road, Redwood, CA OpenStreetMap · view the map entry
- Phone
- (650) 261-5100court website
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- smcgov.orgWikidata
- Court website
- sanmateo.courts.ca.gov/divisions/probate-division
- State courts & e-filing
- courts.ca.govCase search: California Superior Court Online Case Access (County Specific Odyssey/Tyler)
How probate runs in San Mateo County
Six stages, with the California rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. California deadline: Must lodge original will with County Clerk within 30 days of knowledge of death (Prob Code § 8200).
- 02
Pick the right track
If the probate estate is under $208,850, a small-estate procedure (Cal. Prob. Code § 13100 (personal property); § 13200 (small-value real property); § 13151 (primary residence petition, AB 2016)) may avoid full administration.
- 03
Petition the court
File the petition with the Superior Court (Probate Division) for San Mateo County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 4 months after letters issued or 60 days after notice, whichever is later (absolute 1-year bar under CCP § 366.2).
- 06
Account and distribute
Pay debts, taxes and fees (Cal. Prob. Code § 10800 & § 10810 (Attorneys receive identical statutory compensation)), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 California courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
California rules that apply here
Probate law is state law — these apply in all 58 California counties.
- Small estates
- $208,850 personal property affidavit (§ 13100, deaths on/after Apr 1, 2025); real property of small value affidavit up to $69,625 (§ 13200, 6 months after death); primary residence up to $750,000 via court petition (§ 13151, AB 2016, not an affidavit)Cal. Prob. Code § 13100 (personal property); § 13200 (small-value real property); § 13151 (primary residence petition, AB 2016) · wait 40 days
- Filing the will
- Must lodge original will with County Clerk within 30 days of knowledge of death (Prob Code § 8200)
- Creditor claims
- 4 months after letters issued or 60 days after notice, whichever is later (absolute 1-year bar under CCP § 366.2)Cal. Prob. Code § 9100 & CCP § 366.2
- Executor fees
- Mandatory Statutory Scale: 4% first $100k, 3% next $100k, 2% next $800k, 1% next $9M, 0.5% next $15M, reasonable amount above $25M (Prob Code § 10800)Cal. Prob. Code § 10800 & § 10810 (Attorneys receive identical statutory compensation) · estimate the fee
- Handwritten wills
- Recognized. California recognizes holographic wills if the signature and material provisions are in the handwriting of the testator, regardless of whether witnesses signed (Cal. Prob. Code § 6111).
- Estate tax
- No state estate tax.California has no state estate tax (prohibited by Proposition 6 in 1982).
- Inheritance tax
- No.No inheritance tax in California.
- Typical duration
- 9 to 18 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: mullinlaw.com (statute) · law.justia.com (statute)