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Napa County, CA Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of Napa |
| Courthouse | Historic Courthouse, 825 Brown Street, Napa, CA 94559 |
| Mailing address | 825 Brown Street, Napa, CA 94559 |
| Phone (Civil/Probate) | (707) 299-1130 (records and research: (707) 299-1140) |
| Fax | (707) 253-4229 (Civil Division) — the court does not accept direct fax filing; fax filings must come through a faxing agency |
| Clerk's office hours | Mon–Fri 8:00 AM – 4:00 PM; a drop box takes same-day filings until 5:00 PM |
| Probate calendar | Heard on the Civil Law and Motion calendar, mornings at 8:30 AM (Tuesday–Friday), split by the last digit of the case number: even → Courtroom A (Hon. Cynthia P. Smith), odd → Courtroom B (Hon. Joseph J. Solga) |
| Filing fee (petition for probate) | $435 — statewide fee, no Napa County surcharge (Cal. Gov. Code § 70650(a)) |
| Local probate forms | None for a decedent's estate — statewide Judicial Council DE-series only (local orders exist only for guardianship and conservatorship investigations) |
| E-filing | Available for all case types including probate via an Odyssey eFileCA service provider; self-represented filers may e-file or file on paper at the Civil Division counter |
| Tentative rulings | Posted by 3:00 p.m. the court day before the hearing; to appear and argue, notify the court by 4:00 p.m. that day via (707) 299-1270 or [email protected] |
| Online case search | Public case index at portal.napa.courts.ca.gov (Tyler Odyssey; confidential cases excluded) |
| Remote appearance | Zoom (ZoomGov) by department — Courtroom A and Courtroom B each have a standing Zoom meeting ID; telephone-only Zoom appearances are no longer available |
| Website | https://www.napa.courts.ca.gov |
Before you begin — know the assets and liabilities
Before filing anything with the Napa 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. Because Napa decides probate matters on a tentative ruling, a petition filed with missing attachments, deficient notice, or inconsistent figures draws an unfavorable tentative and is continued, costing weeks.
Identify every bank account, brokerage, retirement plan, life insurance policy, business interest, and parcel of real property — vineyard and agricultural land is common in Napa County estates and affects valuation and sale — 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 Napa hears every probate matter in the county — decedents' estates, succession and spousal petitions, conservatorships, and guardianships — from one location, the Historic Courthouse at 825 Brown Street in the city of Napa. Families throughout the county, from American Canyon and Yountville to St. Helena, Calistoga, and Angwin, file here. Venue is proper in Napa when the decedent was domiciled in the county at death (Cal. Prob. Code § 7051), or owned Napa County real property as a non-resident (ancillary administration).
Probate sits on the court's Civil Law and Motion calendar rather than a standalone probate department. Matters are assigned by the last digit of the case number — even numbers to Courtroom A (Hon. Cynthia P. Smith) and odd numbers to Courtroom B (Hon. Joseph J. Solga). There is no separate probate examiner counter; the assigned judge's tentative ruling, posted the day before the hearing, is how the court communicates deficiencies to filers.
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path. Napa County requires no local cover sheet for a decedent's estate.
- File the petition. Attorneys and self-represented filers may e-file through an Odyssey eFileCA service provider, or file on paper at the Civil Division counter (Historic Courthouse, 825 Brown Street, 8:00 AM – 4:00 PM). A drop box accepts same-day paper filings until 5:00 PM.
- Provide courtesy copies where required: any e-filed document over 15 pages, or any document filed in color, must be delivered to the assigned courtroom no later than the next court day.
- Lodge the original will and codicils on paper — original testamentary documents and bonds are not e-filed.
- Pay the $435 filing fee (statewide fee; no Napa County surcharge). Fee waivers are available on Judicial Council forms FW-001/FW-003.
- 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.
- The matter is set on the Civil Law and Motion calendar (mornings at 8:30 AM) in Courtroom A if the case number ends in an even digit, or Courtroom B if odd.
- Read the tentative ruling: it posts on the court's website by 3:00 p.m. the court day before the hearing. If it grants your petition and you do not need to appear, no further action is required and the tentative becomes the order.
- If you must appear — to argue, or because the tentative flags a deficiency — notify the court and all other parties of your intent by 4:00 p.m. the court day before the hearing, by calling (707) 299-1270 or emailing [email protected].
- Attend the hearing in person or by Zoom (each courtroom has a standing Zoom meeting ID). 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.
Forms and documents
Probate forms in Napa County
Napa County has no local form or cover sheet for a decedent's estate. Every filing uses the statewide Judicial Council DE-series (DE-111 Petition for Probate, DE-121 Notice of Petition to Administer Estate, DE-140 Order, DE-147 Duties and Liabilities, DE-150 Letters, DE-160 Inventory and Appraisal, and the rest). The county's Local Rules, effective January 1, 2025, place probate on the tentative ruling system (Rule 9.2, applying Rule 2.9) but add no local paperwork for decedents' estates.
The only Napa-specific local forms in the probate chapter apply to guardianship investigations (Rule 9.4 mandatory orders) and conservatorship investigations (Rule 9.5 standing orders) — not to administering a decedent's estate.
Local nuance
Napa County-specific considerations
Probate runs on tentative rulings. Napa has no in-person examiner window. The assigned judge posts a tentative ruling on each probate matter by 3:00 p.m. the court day before the hearing (napa.courts.ca.gov tentative rulings page). If you accept a favorable tentative and need not appear, it becomes the order automatically — but a tentative that flags a deficiency means a continuance unless corrected.
You must ask to be heard. To appear and argue — including to respond to a deficiency in the tentative — you must notify the court and all other parties by 4:00 p.m. the court day before the hearing, by calling (707) 299-1270 (press "0" when the recording begins) or emailing [email protected]. Miss the deadline and oral argument is not permitted; the tentative stands.
Even or odd routes your case. Civil Law and Motion matters, including probate, are assigned by the last digit of the case number: even to Courtroom A (Hon. Cynthia P. Smith), odd to Courtroom B (Hon. Joseph J. Solga). Confirm which courtroom — and which Zoom meeting ID — your case number sends you to before the hearing.
Zoom by department, no phone-only. Each courtroom publishes a standing Zoom (ZoomGov) meeting ID and password on the court's remote-appearance page. Telephone-only Zoom appearances are no longer accepted, and recording is prohibited unless the judge grants permission. Remote appearance is at the judicial officer's discretion.
Drop box until 5:00 p.m. The Civil Division counter is open until 4:00 PM, but a drop box accepts same-day paper filings until 5:00 PM. Documents dropped after 5:00 PM are filed the next court day.
No direct fax filing. Napa lists a Civil Division fax at (707) 253-4229, but the court does not accept documents for filing by direct fax — a fax filing must be routed through a faxing agency to be accepted.
No probate self-help. Napa's Self-Help Center is combined with the Family Law Facilitator and assists only with family-law matters; it does not help with probate or conservatorship. Estate filers rely on the statewide self-help guide and the county law library.
Recent updates
| Date | Change | Source |
|---|---|---|
| January 1, 2025 | Napa County Local Rules reissued; Rule 9.2 keeps probate on the tentative ruling system (Rule 2.9), with local orders only for guardianship (9.4) and conservatorship (9.5) investigations | Napa Superior Court Local Rules (eff. 1/1/2025) |
| 2026 | Proposed local-rule changes circulated for a January 1, 2026 effective date | Napa Superior Court memorandum of proposed rule changes |
| 2026 | Probate first-paper filing fee unchanged at $435; Napa adds no county surcharge | Cal. Gov. Code § 70650(a); statewide Civil Fee Schedule |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Napa County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition on the Civil Law and Motion calendar, decided by tentative ruling — often with no appearance needed if the tentative grants it. The court signs DE-226; record it with the Napa 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 Napa filing at all. A primary residence up to $750,000 uses the §§ 13150–13157 succession petition, filed at 825 Brown Street and decided on the tentative ruling calendar with a Zoom appearance if needed. | Asset discovery to confirm the estate fits the caps. Packet generation. Online notarization so the child never has to travel to Napa. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate at the Historic Courthouse, requesting full authority on DE-111. Watch the tentative ruling and request oral argument by 4:00 p.m. the day before if the tentative flags a deficiency. 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 and bond waivers. Help responding to a tentative that flags a deficiency. |
Self-help resources
| Resource | What it offers |
|---|---|
| Napa County Law Library — 825 Brown Street, 1st Floor, Room 138, Napa | Free public reference law library at the courthouse, with California practice guides and probate research materials |
| California Courts Self-Help Guide — Probate (selfhelp.courts.ca.gov/probate) | The Judicial Council's official plain-language guide to every California probate path |
| Napa Self-Help Center — 825 Brown Street, Lower Level, (707) 299-1137 | Family-law facilitator services only; note it does NOT assist with probate or conservatorship matters |
| LawHelpCA (lawhelpca.org) | Statewide directory of free and low-cost legal aid programs serving Napa County |
When to hire an attorney
Many cooperative-family Napa County probates — spousal petitions, small-estate paths, and uncontested IAEA administration — are completed without an attorney, and the tentative ruling system means a clean, complete petition is often granted without any court appearance at all. Because Napa has no probate facilitator, self-represented families lean on the court's tentative rulings and the county law library, which is thin support for anything contested. Consider counsel when the estate exceeds $1 million, a will contest or heir dispute is likely, the estate holds a business or vineyard interest or out-of-state property, ancillary administration is needed for a non-resident, or tentative rulings keep flagging deficiencies the family cannot clear. Sunset can connect families to a vetted California probate attorney serving Napa County.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Napa County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, real estate (including vineyard and agricultural parcels, with community-property characterization), business interests, and unclaimed property.
Generate the probate packet. Sunset assembles the statewide Judicial Council DE-series forms for your path through estate settlement, the only forms Napa County requires for a decedent's estate, ready for e-filing or filing on paper at the Civil Division counter.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted California probate attorney serving Napa 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 Napa County?
At the Historic Courthouse, 825 Brown Street, Napa, CA 94559. File on paper at the Civil Division counter (Mon–Fri 8:00 AM – 4:00 PM), in the drop box for same-day filing until 5:00 PM, or electronically through an Odyssey eFileCA service provider. Napa has a single courthouse for all probate.
How does Napa County decide probate matters — is there an examiner?
Napa uses a tentative ruling system instead of an in-person examiner window. The assigned judge posts a tentative ruling on each probate matter by 3:00 p.m. the court day before the hearing. If it grants your petition and you do not need to appear, the tentative becomes the court's order.
How do I request oral argument or appear at a Napa probate hearing?
Notify the court and all other parties of your intent to appear and argue by 4:00 p.m. the court day before the hearing, by calling (707) 299-1270 (press "0" when the recording begins) or emailing [email protected]. If no one requests argument, oral argument is not permitted and the tentative ruling stands.
Can I appear at a Napa County probate hearing by Zoom?
Yes. Each courtroom publishes a standing Zoom (ZoomGov) meeting ID and password on the court's remote-appearance page, and remote appearance is at the judicial officer's discretion. Telephone-only Zoom appearances are no longer available, and recording the proceeding is prohibited unless the judge permits it.
Which courtroom will hear my Napa probate case?
Civil Law and Motion matters, including probate, are assigned by the last digit of the case number: even numbers go to Courtroom A (Hon. Cynthia P. Smith) and odd numbers to Courtroom B (Hon. Joseph J. Solga). Matters are heard mornings at 8:30 AM, Tuesday through Friday.
Can I e-file probate documents in Napa County?
Yes. Napa accepts electronic filing for all case types, including probate, through an Odyssey eFileCA service provider; self-represented filers may e-file or file on paper. Any e-filed document over 15 pages, or any color document, requires a courtesy copy delivered to the assigned courtroom by the next court day.
Can I check my Napa County probate case online?
Yes. A public case index is available at portal.napa.courts.ca.gov, powered by Tyler's Odyssey system; confidential cases are excluded. Tentative rulings for upcoming hearings are posted separately on the court's tentative rulings page.
Does Napa County have local probate forms?
Not for a decedent's estate — Napa requires only the statewide Judicial Council DE-series. The local-rules probate chapter adds local orders only for guardianship and conservatorship investigations.
How much does it cost to file for probate in Napa County?
$435 for the first petition (Cal. Gov. Code § 70650(a)). Napa adds no county surcharge. Fee waivers are available on Judicial Council forms FW-001/FW-003.
Is there a probate self-help center in Napa County?
No. Napa's Self-Help Center is combined with the Family Law Facilitator and assists only with family-law matters, not probate or conservatorship. Estate filers rely on the statewide self-help guide at selfhelp.courts.ca.gov/probate and the Napa County Law Library at the courthouse.
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.