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Modoc County, CA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of Modoc |
| Courthouse | Robert A. Barclay Justice Center, 205 South East Street, Alturas, CA 96101 |
| Mailing address | Robert A. Barclay Justice Center, 205 South East Street, Alturas, CA 96101 (same as courthouse) |
| Phone | (530) 233-6516 (Civil and Probate clerk, main floor of the courthouse) |
| [email protected] | |
| Fax filing | (530) 233-6500 — direct fax-filing line, in operation 24 hours; a fax received after 5:00 PM or on a court holiday is filed the next court day (Local Rule 2.12) |
| Clerk's office hours | Mon–Fri 8:30 AM – 3:00 PM (excluding holidays and court closures) |
| Probate calendar | Mondays at 10:00 AM (Local Rule 14.01; the day and hour may change — confirm with the clerk) |
| Filing fee (petition for probate) | $435 — statewide fee, no Modoc County surcharge (Cal. Gov. Code § 70650(a)) |
| Local probate forms | None — statewide Judicial Council DE-series only (Modoc does maintain a local probate-rules chapter, Chapter 14) |
| E-filing | Not available — file in person, by mail, or by fax |
| Online case search | Basic case information only at portal.modoc.courts.ca.gov/public-portal (recent filings, hearings, parties); document access is by calling the clerk |
| Remote appearance | Zoom at no cost via form RA-010; telephonic appearance through CourtCall is also allowed (CourtCall fees apply) |
| Website | https://www.modoc.courts.ca.gov |
Before you begin — know the assets and liabilities
Before filing anything with the Modoc County clerk, know exactly what is in the estate. The right path — small-estate affidavit, Petition to Determine Succession to Real Property, Spousal Property Petition, or full probate — depends entirely on the value and type of the assets. Modoc's probate calendar runs once a week and the clerk's counter is open only until 3:00 PM, so a petition filed on the wrong path, or supporting documents that miss the five-court-day deadline, cost real time here.
Identify every bank account, retirement plan, brokerage holding, insurance policy, and parcel of real property — including ranch and agricultural land, common in Modoc County estates — and every debt, before choosing the path. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Superior Court of California, County of Modoc serves the entire county from one courthouse in Alturas, including Cedarville, Adin, Canby, Newell, Fort Bidwell, Likely, Lookout, and Alturas itself. Probate is filed here when the decedent was domiciled in Modoc County at death (Cal. Prob. Code § 7051), or owned Modoc County real property as a non-resident (ancillary administration).
All probate matters — decedents' estates, the succession petitions, spousal property petitions, conservatorships, and guardianships — are heard at the Robert A. Barclay Justice Center. There is no separate probate department; the court's single courtroom handles the probate calendar on Monday mornings, with the guardianship and conservatorship calendar heard just before it at 9:30 AM.
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path. Modoc County requires no local probate forms or cover sheets, but its local probate-rules chapter (Chapter 14) adds pleading and notice requirements — for example, listing contingent heirs and any trustee beneficiaries in the petition.
- File the petition with the clerk: in person at the Robert A. Barclay Justice Center, 205 South East Street, Alturas (8:30 AM – 3:00 PM), by mail to the same address, or by fax to the direct fax-filing line (530) 233-6500 with the words "BY FAX" immediately below the document title.
- Pay the $435 filing fee (statewide fee; no Modoc County surcharge). Fee waivers are available on Judicial Council forms FW-001/FW-003.
- Select your initial hearing date, allowing enough time for statutory notice (Local Rule 14.01); the clerk sets the matter on the Monday 10:00 AM probate calendar.
- Complete notice: publish in a newspaper of general circulation and mail DE-121 notice to heirs and beneficiaries at least 15 days before the hearing. If the Public Administrator (the Modoc County District Attorney) may have priority to serve, give that office notice as well (Local Rule 14.05).
- File all supporting documents — affidavits of publication, proofs of subscribing witnesses, waivers, inventories, and proposed orders — no later than five court days before the hearing (Local Rule 14.02), or the matter may be continued.
- To appear remotely, file form RA-010 (Notice of Remote Appearance); Zoom is available at no cost, or appear telephonically through CourtCall (CourtCall fees apply).
- Attend the hearing. The judge admits the will, appoints the personal representative, and issues Letters (DE-150).
- Administer and close the estate under the statewide process: creditor notice, the 4-month claim period, Inventory and Appraisal, and the petition for final distribution.
Executor duties
The statewide personal-representative duties (creditor notice, the 4-month Inventory and Appraisal, DHCS notice, Notice of Proposed Action under IAEA) apply in Modoc exactly as described on the California page. Modoc's local probate rules add these obligations for the personal representative or petitioner:
| Modoc-specific duty | Source |
|---|---|
| List all contingent heirs, devisees, and legatees, and any trustee beneficiaries, in the petition for probate | Local Rule 14.05(D) |
| File every supporting document at least five court days before the hearing | Local Rule 14.02 |
| Give notice to the Public Administrator (the Modoc County District Attorney) when that office may have priority to serve | Local Rule 14.05(C) |
| Prepare complete, self-contained proposed orders and lodge them at least five court days before the hearing | Local Rule 14.05(A) |
| Mark fax filings "BY FAX" below the document title | Local Rule 2.12 |
Forms and documents
Probate forms in Modoc County
Modoc County has no local probate forms. Every filing uses the statewide Judicial Council DE-series (DE-111 Petition for Probate, DE-121 Notice, DE-140 Order, DE-147 Duties and Liabilities, DE-150 Letters, DE-160 Inventory and Appraisal, and the rest). The court's published local-forms list contains no probate cover sheet or probate-specific form.
What Modoc does have is a substantial local probate-rules chapter (Chapter 14 of the Modoc County Local Rules of Court). It does not add forms, but it adds requirements: the petition must list contingent heirs and any trustee beneficiaries (Rule 14.05), supporting documents are due five court days before the hearing (Rule 14.02), and proof by a subscribing witness of a will whose attestation clause is unverified must be filed on Judicial Council form DE-131. Fax filings must carry the words "BY FAX" below the document title (Rule 2.12).
Fees
| Item | Amount | Notes |
|---|---|---|
| Petition for probate (first filing) | $435 | Cal. Gov. Code § 70650(a); statewide first-paper fee. No Modoc County surcharge |
| Petition to Determine Succession to Real Property | $435 | Cal. Prob. Code § 13151 petitions carry the same first-paper fee |
| Fee waiver | $0 if granted | Judicial Council forms FW-001/FW-003 for filers who cannot afford the fee |
Timeline
- File the petition and select an initial hearing date that allows time for the 15-day mailed notice and newspaper publication (Local Rule 14.01).
- The clerk sets the hearing on a Monday 10:00 AM probate calendar consistent with the notice period; court calendars are posted each Friday afternoon for the following week.
- File all supporting documents at least five court days before the hearing (Local Rule 14.02), or the matter may be continued or taken off calendar.
- Hearing to Letters (DE-150): same day to one week once notice is complete.
- Creditor claim period and Inventory and Appraisal deadline: 4 months from Letters (statewide).
- Petition for final distribution to final hearing: one to two Monday calendars after filing.
- Total for a cooperative-family IAEA probate: commonly under a year in Modoc County, driven mostly by the statutory 4-month creditor period.
Local nuance
Modoc County-specific considerations
One calendar, Monday mornings. Under Local Rule 14.01 the probate calendar is heard Mondays at 10:00 AM, with the guardianship and conservatorship calendar just before it at 9:30 AM. The rule notes the day and hour may change from time to time, so confirm the setting with the clerk. The filer may select the initial hearing date as long as it leaves time for statutory notice.
Five-court-day document deadline. All documents in support of a calendared matter — affidavits of publication, proofs of subscribing witnesses, waivers, inventories, proposed orders — must be filed no later than five court days before the hearing (Local Rule 14.02). Late documents may not be considered, and the matter may be continued, denied without prejudice, or taken off calendar.
Short counter hours. The Civil and Probate clerk's office on the main floor of the courthouse is open Monday through Friday, 8:30 AM to 3:00 PM. Plan in-person filing accordingly; mail and fax filing avoid the counter cutoff.
Fax filing is accepted. Modoc permits fax filing of probate documents on a dedicated 24-hour line at (530) 233-6500 (Local Rule 2.12). Put the words "BY FAX" immediately below the document title; a fax received after 5:00 PM or on a court holiday is filed the next court day.
Zoom is free; CourtCall costs. Remote appearance is by form RA-010. Zoom appearances are at no cost through the single Robert A. Barclay Justice Center courtroom link; telephonic appearance through CourtCall (888-88-COURT) carries CourtCall's own fees. Recording the proceeding is prohibited without the judge's permission.
Paper court, limited online access. Modoc offers no e-filing. The public case portal at portal.modoc.courts.ca.gov/public-portal shows only recent filings, the hearing schedule, and the parties; document copies require calling the clerk at (530) 233-6516.
Recent updates
| Date | Change | Source |
|---|---|---|
| July 1, 2024 | Modoc County Local Rules of Court reissued; Chapter 14 (Probate Rules) and Rule 2.12 (fax filing) remain in effect, setting the Monday probate calendar, the five-court-day document deadline, and the fax-filing procedure | Modoc Superior Court Local Rules (eff. 7/1/2024) |
| 2026 | Statewide Civil Fee Schedule in effect; the probate first-paper fee is $435 and Modoc adds no county surcharge | Cal. Gov. Code § 70650(a) |
| Ongoing | Court calendars are posted each Friday afternoon for the following week and are subject to change after posting | Modoc Superior Court court-calendar page |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Modoc County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition heard on the Monday 10:00 AM probate calendar, available by Zoom. The court signs DE-226; record it with the Modoc County Recorder to complete the title transfer. | Asset discovery to confirm community vs. separate property. Packet generation for DE-221, DE-226, MC-025. Title-transfer guidance. |
| Out-of-state adult child, small estate | Small Estate Affidavit under Cal. Prob. Code § 13100 (personal property up to $208,850 for deaths on or after April 1, 2025) needs no Modoc filing at all — it goes directly to the banks. Modoc real property up to $69,625 can pass by the § 13200 affidavit (DE-305) filed with the clerk by mail; a primary residence up to $750,000 uses the §§ 13150–13157 petition, heard on the Monday calendar by Zoom. | Asset discovery to confirm the estate fits the caps. Packet generation. Online notarization so nobody has to travel to Alturas. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate at the Robert A. Barclay Justice Center. With no e-filing, file by mail or fax and appear by Zoom. The personal representative sells the property under IAEA authority with a Notice of Proposed Action (DE-165). | Asset discovery for the child's assets. Packet generation for DE-111 with IAEA full authority requested. |
Self-help resources
| Resource | What it offers |
|---|---|
| Modoc Superior Court Self-Help Center — courthouse lobby, (530) 233-2444, [email protected] | Free legal help for self-represented parties; note that probate is not among its listed practice areas, so estate filers rely on the statewide guides and court forms below |
| California Courts Self-Help Guide — Probate (selfhelp.courts.ca.gov/probate) | The Judicial Council's official plain-language guide to every California probate path |
| Simplified Procedures to Transfer an Estate (courts.ca.gov/10440.htm) | The Judicial Council overview the Modoc court links from its probate page, covering small-estate affidavits and succession petitions |
| Modoc County Law Library — at the Superior Court, 205 South East Street, Alturas, (530) 233-6515 | County law library co-located at the courthouse for practice guides and legal research |
| LawHelpCA (lawhelpca.org) | Statewide directory of free and low-cost legal aid programs |
When to hire an attorney
Most cooperative-family Modoc County probates — spousal petitions, small-estate paths, and uncontested IAEA administration — can be completed without an attorney, and the court's free Zoom appearances make that practical even for out-of-area families. Because the court's self-help center does not cover probate, self-represented filers lean on the statewide guides and the local probate rules. Consider counsel when the estate exceeds $1 million, a will contest or heir dispute is likely, the estate holds business interests, ranch land, or out-of-state property, or ancillary administration is needed for a non-resident who owned Modoc County real property. Sunset can connect families to a vetted California probate attorney serving Modoc County.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and California public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, Modoc County real estate and ranch land, and unclaimed property.
Generate the probate packet. Sunset assembles the statewide Judicial Council DE-series forms for your estate settlement path, the only forms Modoc County requires, ready for signature and filing by mail or fax.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted California probate attorney serving Modoc County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file a probate case in Modoc County?
At the Superior Court of California, County of Modoc, in the Robert A. Barclay Justice Center: in person at 205 South East Street, Alturas (8:30 AM – 3:00 PM), by mail to the same address, or by fax to the direct fax-filing line (530) 233-6500 with "BY FAX" below the document title.
When are probate hearings held in Modoc County?
On the Monday 10:00 AM probate calendar (Local Rule 14.01). The guardianship and conservatorship calendar is heard at 9:30 AM. The rule notes the day and time may change, so confirm your setting with the clerk; calendars are posted each Friday afternoon for the following week.
Can I appear at a Modoc County probate hearing by Zoom?
Yes. File Judicial Council form RA-010 (Notice of Remote Appearance). Zoom appearances through the Robert A. Barclay Justice Center courtroom link are at no cost; you may also appear telephonically through CourtCall (888-88-COURT), which charges its own fees.
Can I e-file probate documents in Modoc County?
No. Modoc Superior Court offers no e-filing for probate. File in person, by mail, or by fax to (530) 233-6500.
Does Modoc County have local probate forms?
No. Modoc requires only the statewide Judicial Council DE-series forms. It does have a local probate-rules chapter (Chapter 14) that adds pleading, notice, and document-timing requirements, but no local probate form or cover sheet.
What is the five-court-day rule in Modoc probate?
Under Local Rule 14.02, all documents supporting a calendared probate matter — affidavits of publication, proofs of subscribing witnesses, waivers, inventories, proposed orders — must be filed no later than five court days before the hearing, or the matter may be continued or taken off calendar.
Can I check my Modoc County probate case status online?
Partly. The public case portal at portal.modoc.courts.ca.gov/public-portal shows recent filings, the hearing schedule, and the parties to your case. Document copies are not available online — call the clerk at (530) 233-6516 to request them.
How much does it cost to file for probate in Modoc County?
$435 for the first petition (Cal. Gov. Code § 70650(a)). Modoc adds no county surcharge. Fee waivers are available on Judicial Council forms FW-001/FW-003.
Do I have to travel to Alturas to settle an estate in Modoc County?
Usually not. Petitions can be filed by mail or fax, hearings can be attended by Zoom at no cost, and the small-estate affidavit under Cal. Prob. Code § 13100 never touches the court at all — it is presented directly to banks and asset holders.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.