Back to California
Monterey County, CA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of Monterey — Probate Division |
| Courthouse (filing, hearings, records) | Monterey Courthouse, 1200 Aguajito Road, Monterey, CA 93940 — Department 13, 3rd floor (records office, 2nd floor) |
| Phone | (831) 647-5800 (Monterey Courthouse; also reaches the probate examining staff) |
| Clerk's office hours | Mon–Fri 8:00 AM – 4:00 PM (closed on court holidays); case-file viewing 8:00 AM – 3:30 PM |
| Probate calendar | Wednesdays in Department 13 (estates and other probate proceedings at 9:00 AM); evidentiary hearings and trials on the first and second Mondays of the month at 1:30 PM |
| Filing fee (petition for probate) | $435 — statewide fee, no Monterey County surcharge (Cal. Gov. Code § 70650(a), §§ 70602.5–70602.6) |
| Local probate forms | Yes — situational local forms CI-105, CI-106, CI-107 (continuance and termination); none required to open a decedent's estate |
| E-filing | Mandatory for attorneys (all case types, including probate) via the court's eCourt system through a certified EFSP; optional for self-represented filers, who may also file by U.S. mail |
| Probate examiner notes | Posted about two weeks before the hearing, updated the Friday and Tuesday before, at portal.monterey.courts.ca.gov/search/probate-notes |
| Online case search | Available at portal.monterey.courts.ca.gov/search (cases back to 2008; no registration required) |
| Remote appearance | Zoom for Departments 13–17; file form RA-010 to notify the court and parties, and serve evidence in advance |
| Website | https://www.monterey.courts.ca.gov/divisions/probate |
Before you begin — know the assets and liabilities
Monterey does not let you reserve a hearing date in advance — the clerk assigns it when the petition is accepted for filing — and the probate examiner posts notes online about two weeks before that hearing. A petition filed on the wrong path, or before the family understands what is in the estate, draws examiner-note deficiencies that force a continuance to a later Wednesday calendar, stretching the case out by weeks.
Before filing anything with the Monterey Courthouse, identify every bank account, brokerage, retirement plan, life insurance policy, business interest, and parcel of real property — including coastal and Salinas Valley property common in Monterey County estates — and every debt. Only then can you choose the right path: small-estate affidavit, succession petition, spousal property petition, or full probate. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Probate Division of the Monterey County Superior Court hears every probate matter in the county — decedents' estates, succession and spousal property petitions, conservatorships, guardianships, and trust cases — from the Monterey Courthouse at 1200 Aguajito Road, Department 13. Although the Salinas Courthouse is the county's largest facility, it does not handle probate; families everywhere in the county, from Salinas and Marina to King City, Carmel, and Big Sur, file their probate matters at the Monterey Courthouse.
Venue is proper in Monterey County when the decedent was domiciled here at death (Cal. Prob. Code § 7051), or owned Monterey County real property as a non-resident (ancillary administration). Civil, family, and probate court records are all kept at the Monterey Courthouse records office on the second floor.
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path. Monterey requires no local cover sheet to open a decedent's estate; the local CI-series forms are used later for continuances or to close the proceeding.
- File the petition at the Monterey Courthouse, 1200 Aguajito Road. Attorneys must e-file through a certified electronic filing service provider to the court's eCourt system; self-represented filers may e-file, file in person at the clerk's office (Mon–Fri 8:00 AM – 4:00 PM), or file by U.S. mail.
- Pay the $435 filing fee (statewide fee; no Monterey County surcharge). If your household income qualifies, request a fee waiver on FW-001 and FW-003 (or FW-001-GC and FW-003-GC for guardianships and conservatorships).
- Note the hearing date the clerk assigns when it accepts the petition — Monterey does not allow parties to pre-book a future date.
- Complete notice: publish in an adjudicated newspaper of general circulation from the court's published list, and mail DE-121 notice to heirs and beneficiaries at least 15 days before the hearing.
- Check the probate examiner notes for your case at portal.monterey.courts.ca.gov/search/probate-notes; they post about two weeks before the hearing and are updated the Friday and then the Tuesday before it. Clear any deficiency before the hearing or the matter will be continued.
- Attend the Wednesday hearing in Department 13 (estates are heard at 9:00 AM), in person or by Zoom (file form RA-010 to appear remotely). 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 (DE-160), 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 Monterey County exactly as described on the California page. Monterey adds these local obligations:
| Monterey-specific duty | Timing |
|---|---|
| E-file all documents if represented by an attorney (self-represented filers may e-file or file by mail) | Throughout the case (attorney e-filing is mandatory) |
| Monitor the probate examiner notes for the case online | Notes post about two weeks before each hearing, updated the Friday and Tuesday before |
| Publish notice in an adjudicated newspaper from the court's published list | Before the hearing, for filings that require publication |
| File the local CI-105 form to request a continuance of a hearing | When a hearing must be moved |
| File the local CI-106 and CI-107 forms to terminate the proceeding and be discharged | When closing the estate |
Forms and documents
Probate forms in Monterey County
Monterey County uses the statewide Judicial Council DE-series for the core of every probate case (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). It also publishes a handful of local probate forms. Despite their CI prefix, these are decedent's-estate and protective-proceeding forms, and they are situational — none is required to open a decedent's estate:
| Form | Name | When used |
|---|---|---|
| CI-105 | Request for Continuance of Hearing & Order (Probate) | To move a scheduled probate hearing to a later date |
| CI-106 | Petition for Termination of Proceedings and Discharge (Probate) | To close the proceeding and discharge the personal representative |
| CI-107 | Order for Termination of Proceedings and Discharge (Probate) | The proposed order granting the CI-106 petition |
| CI-144 through CI-150 | Conservatorship and guardianship attachments | Only for conservatorship or guardianship petitions and orders, not decedents' estates |
The local forms are downloadable from the court's forms page at monterey.courts.ca.gov/forms-filing/court-forms-and-packets. The statewide DE-series applies in addition.
Timeline
- File the petition; the clerk assigns the hearing date at the time it accepts the filing (no advance booking).
- Complete the 15-day mailed notice (DE-121) and newspaper publication before the hearing.
- Probate examiner notes post about two weeks before the hearing, updated the Friday and then the Tuesday before it; clear any deficiency or the matter is continued to a later Wednesday calendar.
- Hearing to Letters (DE-150): same day to about a week for a petition with cleared notes.
- Creditor claim period and Inventory and Appraisal deadline: 4 months from Letters (statewide).
- Petition for final distribution to final hearing: set on the same Wednesday calendar cycle.
- Total for a cooperative-family IAEA probate: commonly nine months to about a year and a half, driven mostly by the statutory 4-month creditor period.
Local nuance
Monterey County-specific considerations
Probate is in Monterey, not Salinas. Even though the Salinas Courthouse is the county's largest, all probate is filed, heard, and recorded at the Monterey Courthouse, 1200 Aguajito Road, in Department 13. Direct probate calls to (831) 647-5800, not the (831) 775-5400 Salinas line.
Wednesday calendar in one department. Probate is heard Wednesdays in Department 13 — ex parte matters and case-management conferences at 8:30 AM, estates and other probate proceedings at 9:00 AM, trusts at 9:30 AM. Evidentiary hearings and trials run the first and second Mondays of each month at 1:30 PM.
The clerk assigns your hearing date. Monterey does not allow parties to pre-book a future hearing date; the date is assigned when the clerk's office accepts the petition for filing. Check the court's online probate calendar to gauge how far out the next available dates fall.
Examiner notes are online and binding in practice. Probate notes post to portal.monterey.courts.ca.gov/search/probate-notes about two weeks before the hearing and are updated the Friday and then the Tuesday before it. The probate examining staff answer procedural questions at (831) 647-5800 but cannot give legal advice; matters with uncleared notes are continued.
Attorneys e-file; families need not. Attorneys are mandated e-filers through the court's eCourt system and a certified filing service provider. Self-represented filers are encouraged but not required to e-file, and may file in person or by U.S. mail. Note the court's prior e-filing vendor, Tyler Technologies, no longer submits to Monterey — use a currently certified provider.
Recent updates
| Date | Change | Source |
|---|---|---|
| December 3, 2025 | The court reissued its State Civil Fee & Local Fee Schedule; the probate first-paper fee is unchanged at $435 and Monterey adds no county surcharge | Monterey Superior Court fee schedule (rev. 12/3/2025) |
| 2026 | The court publishes current Zoom links for the Civil/Family/Probate departments (13–17) for remote appearances | Monterey Superior Court remote appearance page |
| 2026 | Tyler Technologies is no longer able to submit electronic filings to the Monterey Superior Court; filers use another certified EFSP to the court's eCourt system | Monterey Superior Court e-filing page |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Monterey County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition filed at the Monterey Courthouse and heard on the Wednesday Department 13 calendar, often by Zoom. The court signs DE-226; record it with the Monterey 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) goes directly to the banks — no Monterey filing. A primary residence up to $750,000 uses the §§ 13150–13157 succession petition, filed at the Monterey Courthouse with a Wednesday hearing and Zoom appearance. | Asset discovery to confirm the estate fits the caps. Packet generation. Online notarization so the child does not need to travel to Monterey. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate at the Monterey Courthouse with DE-111 requesting full authority. Clear the probate examiner notes before the Wednesday hearing. The personal representative sells the home 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. Help responding to probate examiner notes. |
Self-help resources
| Resource | What it offers |
|---|---|
| Monterey County Self-Help Center — Monterey Courthouse (1st floor), Mon–Fri 9:00 AM – 4:00 PM; (831) 647-5800 ext. 3005; [email protected] | General self-help for many case types. Note: the center assists with guardianships and conservatorships but does not cover decedent's-estate probate — estate filers rely on the resources 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 |
| Monterey Superior Court probate division page (monterey.courts.ca.gov/divisions/probate) | Local forms, probate notes, the hearing calendar, adjudicated-newspaper list, and fee schedule |
| LawHelpCA (lawhelpca.org) | Statewide directory of free and low-cost legal aid programs serving Monterey County |
When to hire an attorney
Many cooperative-family Monterey County probates — spousal petitions, small-estate paths, and uncontested IAEA administration — are completed without an attorney, and the court's Zoom-friendly Wednesday calendar makes that practical even for out-of-area families. Because the Self-Help Center does not cover decedent's estates, though, self-represented filers rely on the statewide forms and the court's online probate notes for guidance. Consider counsel when the estate exceeds $1 million, a will contest or heir dispute is likely, the estate holds business interests or out-of-state property, ancillary administration is needed for a non-resident who owned Monterey County real property, or examiner notes recur and the family cannot clear them. Sunset can connect families to a vetted California probate attorney serving Monterey County.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Monterey County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, real estate (with community-property characterization), business interests, and unclaimed property.
Generate the probate packet. Sunset assembles the statewide Judicial Council DE-series forms for your estate settlement path, ready for signature and e-filing or filing by mail with the Monterey Courthouse.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted California probate attorney serving Monterey 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 Monterey County?
At the Monterey Courthouse, 1200 Aguajito Road, Monterey, CA 93940, Department 13 — not the Salinas Courthouse. Attorneys must e-file; self-represented filers may e-file, file in person at the clerk's office (Mon–Fri 8:00 AM – 4:00 PM), or file by U.S. mail.
Do I have to e-file for probate in Monterey County?
Attorneys are mandated e-filers, submitting through a certified electronic filing service provider to the court's eCourt system. Self-represented filers are encouraged but not required to e-file and may file in person or by mail.
When are probate hearings held in Monterey County?
Probate is heard Wednesdays in Department 13 at the Monterey Courthouse — estates and other probate proceedings at 9:00 AM. Evidentiary hearings and trials are held the first and second Mondays of each month at 1:30 PM.
Can I choose my probate hearing date in Monterey County?
No. The court does not allow parties to pre-book a future hearing date; the clerk's office assigns the date when it accepts the petition for filing. The court's online probate calendar shows how far out the next available dates fall.
How do I check probate examiner notes in Monterey County?
View them at portal.monterey.courts.ca.gov/search/probate-notes. Notes post about two weeks before the hearing and are updated the Friday and then the Tuesday before it. The probate examining staff answer procedural questions at (831) 647-5800 but cannot give legal advice.
Can I appear at a Monterey County probate hearing by Zoom?
Yes. The court holds remote appearances by Zoom for Departments 13 through 17, which include the probate department. File Judicial Council form RA-010 to notify the court and the other parties, and serve any evidence in advance. Recording the proceeding is prohibited.
Can I look up a Monterey County probate case online?
Yes. The court's portal at portal.monterey.courts.ca.gov/search provides case information and scheduled hearings for current and completed cases back to 2008, with no registration required.
Does Monterey County have local probate forms?
Yes, but they are situational. CI-105 (Request for Continuance), CI-106 (Petition for Termination of Proceedings and Discharge), and CI-107 (the termination order) are local probate forms used during or at the close of a case. None is required to open a decedent's estate — that uses the statewide DE-series.
How much does it cost to file for probate in Monterey County?
$435 for the first petition (Cal. Gov. Code § 70650(a), §§ 70602.5–70602.6). Monterey adds no county surcharge. Fee waivers are available on FW-001 and FW-003 if your household income qualifies.
Do I have to travel to Monterey to settle an estate there?
Often not. Petitions can be filed by mail or e-filing, hearings can be attended by Zoom, 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.