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San Benito County, CA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of San Benito |
| Courthouse | 450 Fourth Street, Hollister, CA 95023 |
| Mailing address | 450 Fourth Street, Hollister, CA 95023 (same as the courthouse; the court publishes no separate P.O. box) |
| Phone | (831) 636-4057 (main line; no dedicated probate line — Civil Division is option 4, Self-Help Center option 6) |
| Fax | (831) 636-2046 (general court fax; the court's rules do not provide for fax filing of probate petitions) |
| Clerk's office / filing window hours | Mon–Fri 8:00 AM – 3:30 PM (the courthouse lobby stays open to 5:00 PM, but the clerk's filing window closes at 3:30 PM) |
| Probate tentative rulings | Posted on the court's website by 3:00 PM the court day before the hearing (the court posts probate tentative rulings on Fridays, for matters heard the following Monday) — Local Rules 10.12 and 15.14 |
| Filing fee (petition for probate) | $435 — statewide first-paper fee, no San Benito County surcharge (Cal. Gov. Code § 70650(a)) |
| Local probate forms | None for decedents' estates — statewide Judicial Council DE-series only (the county's SB-PR local forms are guardianship/conservatorship only) |
| E-filing | Mandatory for attorneys and represented parties since January 1, 2023 (Local Rule 10.13) through an approved Electronic Filing Service Provider; optional for self-represented filers, who may file on paper |
| Online case search | Public Portal at portal.sanbenito.courts.ca.gov/public-portal — searchable without an account; confidential and sealed cases are excluded |
| Remote appearance | Zoom is the court's designated platform (Local Rule 10.14); request with Judicial Council form RA-010, and the clerk emails the meeting link |
| Website | https://www.sanbenito.courts.ca.gov/divisions/probate |
Before you begin — know the assets and liabilities
Before filing anything with the San Benito 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, and this single-courthouse court has no probate facilitator to catch a wrong-path filing for you.
Identify every bank account, retirement plan, brokerage holding, life insurance policy, and parcel of real property — agricultural and ranch land is common in San Benito County estates — along with 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 San Benito serves the entire county from one courthouse at 450 Fourth Street in Hollister, including Hollister, San Juan Bautista, Tres Pinos, Aromas, Paicines, and the unincorporated communities across the county. There is no separate probate department; probate matters — decedents' estates, succession and spousal petitions, conservatorships, and guardianships — are heard on the courthouse's general calendar under the judge assigned to probate.
Probate is filed here when the decedent was domiciled in San Benito County at death (Cal. Prob. Code § 7051), or owned San Benito County real property as a non-resident (ancillary administration).
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path. San Benito County requires no local cover sheet or local form for a decedent's estate.
- File the petition. Attorneys and represented parties must e-file through an approved Electronic Filing Service Provider (mandatory since January 1, 2023, Local Rule 10.13); self-represented filers may e-file or file on paper at the clerk's window, 450 Fourth Street, Hollister (8:00 AM – 3:30 PM), or by mail to the same address.
- Lodge paper-only items in person or by mail: original wills and codicils, Letters, and bonds cannot be e-filed and must be filed or lodged on paper (Local Rule 10.13, exception E).
- Pay the $435 filing fee (statewide first-paper fee; no San Benito County surcharge). Fee waivers are available on Judicial Council forms FW-001/FW-003.
- Make the petition caption all-inclusive as to the order sought so the clerk can calendar the matter and set the correct fee, and state if any part of the estate is distributed to a trust (Local Rule 15.4). The petition must be verified by the personal representative personally, not by the attorney (Local Rule 15.5).
- Complete notice: publish in a newspaper of general circulation and mail notice to heirs and beneficiaries at least 15 days before the hearing (DE-121, Cal. Prob. Code §§ 8120–8124). Lodge the proposed order and the affidavit of publication with the clerk at least 3 court days before the hearing (Local Rule 15.8).
- Read the tentative ruling. The court posts it on its website by 3:00 PM the court day before the hearing (Local Rules 10.12 and 15.14). If it grants the petition and no party notifies the court and all parties by 4:00 PM that day of an intent to contest, the tentative becomes the final order and no appearance is required.
- To contest the tentative or to appear (in person or by Zoom under Local Rule 10.14, using form RA-010), 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 (DE-160), and the petition for final distribution (which in San Benito must contain the detailed schedules listed in Local Rule 15.10).
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 San Benito exactly as described on the California page. San Benito adds these local obligations under Chapter 15 of its local rules:
| San Benito-specific duty | Rule / timing |
|---|---|
| E-file all documents if represented by counsel (original wills, codicils, Letters, and bonds excepted and filed on paper) | Local Rule 10.13, mandatory since January 1, 2023 |
| Draft an all-inclusive petition caption naming every order sought (and stating any distribution to a trust) | Local Rule 15.4, with every petition |
| Verify the petition personally as the representative, not through the attorney | Local Rule 15.5 |
| Submit a proposed order with every petition | Local Rule 15.7 |
| Lodge the proposed order and affidavit of publication with the clerk | Local Rule 15.8, at least 3 court days before the hearing |
| Include the detailed final-distribution schedules (assets on hand, heir entitlement, fee computation, tax/claims schedules) | Local Rule 15.10, in the petition for final distribution |
Forms and documents
Probate forms in San Benito County
San Benito County has no local forms for a decedent's estate. 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 county's only local probate forms — SB-PR-1 through SB-PR-4 — apply to guardianships and conservatorships, not to decedents' estates.
The court's local rules require a proposed order with every petition, worded so its effect is clear without reference to the petition (Local Rule 15.7), and — for those appearing remotely — Judicial Council form RA-010 (Notice of Remote Appearance), which the clerk uses to email the Zoom link.
Local nuance
San Benito County-specific considerations
Probate runs on tentative rulings. As of January 1, 2026 the court issues tentative rulings in probate matters (Local Rule 15.14, applying Local Rule 10.12). The tentative posts on the court's website by 3:00 PM the court day before the hearing — the court publishes probate tentatives on Fridays, for matters heard the following Monday. If the tentative grants the petition and no party gives notice by 4:00 PM that it will contest, the ruling becomes final and no one has to appear.
One courthouse, no probate facilitator. Everything files at 450 Fourth Street in Hollister; there is no branch and no separate probate department. The court's Self-Help Center covers family law, civil, small claims, traffic, and CARE Court matters — it does not assist with decedents' estates, so probate filers rely on the statewide self-help guide and the DE-series instructions.
E-filing is mandatory for attorneys. Since January 1, 2023, e-filing through an approved Electronic Filing Service Provider is mandatory for represented parties in covered cases, including probate (Local Rule 10.13). Self-represented filers are exempt and may file on paper. Original wills, codicils, Letters, and bonds must be filed or lodged on paper regardless.
Zoom by request. The court designates Zoom for remote appearances (Local Rule 10.14) and reviews requests hearing-by-hearing. File Judicial Council form RA-010 and the clerk emails the meeting link. Because probate uses tentative rulings, many uncontested matters need no appearance at all.
Clerk window closes at 3:30. The courthouse lobby is open until 5:00 PM, but the clerk's filing window closes at 3:30 PM. Plan paper filings and fee payments before the 3:30 PM cutoff.
Recent updates
| Date | Change | Source |
|---|---|---|
| January 1, 2026 | Local Rule 15.14 took effect, confirming that tentative rulings issue in probate matters under Local Rule 10.12 | San Benito Superior Court Local Rules of Court (2026) |
| January 1, 2026 | Statewide Civil Fee Schedule reissued; the probate first-paper fee is unchanged at $435 and San Benito adds no county surcharge | Judicial Council Statewide Civil Fee Schedule (eff. 1/1/2026), linked on the court's Forms & Filing page |
| July 1, 2024 | Chapter 15 (Probate Rules) of the local rules took effect, setting local requirements for petition captions, verification, proposed orders, publication timing, and final-distribution content | San Benito Superior Court Local Rules, Chapter 15 |
| January 1, 2023 | E-filing became mandatory for represented parties in covered cases, including probate, through an approved Electronic Filing Service Provider | San Benito Superior Court Local Rule 10.13 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in San Benito County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition heard at the Hollister courthouse, usually resolved on the tentative ruling without an appearance. The court signs DE-226; record it with the San Benito 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 San Benito filing at all — it goes directly to the banks. A primary residence up to $750,000 uses the §§ 13150–13157 succession petition at Hollister, with Zoom appearance if needed under Local Rule 10.14. | Asset discovery to confirm the estate fits the caps. Packet generation. Online notarization so the child does not have to travel to Hollister. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate at the Hollister courthouse with DE-111 requesting full authority. Read the tentative ruling by 3:00 PM the day before the hearing and clear any deficiency. The personal representative sells the property under IAEA 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 any bond waivers. |
Self-help resources
| Resource | What it offers |
|---|---|
| San Benito County Self-Help Center — (831) 636-4057, option 6 | General self-help for family law, civil, small claims, traffic, and CARE Court matters; note that it does not assist with decedents' estates |
| California Courts Self-Help Guide — Probate (selfhelp.courts.ca.gov/probate) | The Judicial Council's official plain-language guide to every California probate path |
| California Courts Wills, Estates, and Probate resource (linked from the court's probate page) | The court's referenced overview of wills and estates for self-represented filers |
| State Bar of California Lawyer Referral Service (linked from the court's probate page) | The court's referenced service for finding a probate attorney |
| LawHelpCA (lawhelpca.org) | Statewide directory of free and low-cost legal aid programs |
When to hire an attorney
Most cooperative-family San Benito County probates — spousal petitions, small-estate paths, and uncontested IAEA administration — can be completed without an attorney, and the court's tentative-ruling system means many uncontested matters resolve without an appearance. Consider counsel when the estate exceeds $1 million, a will contest or heir dispute is likely, the estate holds a business or agricultural operation or out-of-state property, or ancillary administration is needed for a non-resident who owned San Benito County real property. Because the court has no probate facilitator, self-represented families carry more of the procedural load here. Sunset can connect families to a vetted California probate attorney serving San Benito 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, San Benito County real estate, and unclaimed property.
Generate the probate packet. Sunset assembles the statewide Judicial Council DE-series forms for your estate settlement path, the only forms San Benito County requires for a decedent's estate, ready for signature and e-filing or paper filing.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted California probate attorney serving San Benito 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 San Benito County?
At the Superior Court of California, County of San Benito, 450 Fourth Street, Hollister, CA 95023. Attorneys and represented parties e-file through an approved Electronic Filing Service Provider; self-represented filers may e-file or file on paper at the clerk's window (8:00 AM – 3:30 PM) or by mail to the same address.
Do I have to e-file for probate in San Benito County?
Attorneys and represented parties must e-file (mandatory since January 1, 2023, Local Rule 10.13) through an approved Electronic Filing Service Provider. Self-represented filers are exempt and may file on paper. Original wills, codicils, Letters, and bonds are always filed or lodged on paper.
How does the tentative-ruling system work in San Benito County probate?
The court posts its tentative ruling on its website by 3:00 PM the court day before the hearing (Local Rules 10.12 and 15.14) — probate tentatives are posted on Fridays for matters heard the following Monday. If the tentative grants the petition and no party notifies the court and all parties by 4:00 PM that it will contest, the tentative becomes the final order and no appearance is needed.
Do I have to appear in person at a San Benito County probate hearing?
Often not. If the tentative ruling is in your favor and no one contests it by 4:00 PM the day before, it becomes final without an appearance. If you do need to appear, you can request a remote appearance by Zoom under Local Rule 10.14 using Judicial Council form RA-010; the clerk emails the meeting link.
Can I look up a San Benito County probate case online?
Yes. The court's Public Portal at portal.sanbenito.courts.ca.gov/public-portal lets you search case data without an account. Confidential and sealed cases are not included.
Does San Benito County have local probate forms?
Not for decedents' estates. Those filings use only the statewide Judicial Council DE-series. The county's SB-PR local forms cover guardianships and conservatorships, and the court's Chapter 15 local rules add procedural requirements (petition caption, verification, proposed orders, publication timing) rather than new forms.
How much does it cost to file for probate in San Benito County?
$435 for the first petition (Cal. Gov. Code § 70650(a), Statewide Civil Fee Schedule effective January 1, 2026). San Benito adds no county surcharge. Fee waivers are available on Judicial Council forms FW-001/FW-003.
Is there a probate self-help center in San Benito County?
No. The court's Self-Help Center (call (831) 636-4057, option 6) covers family law, civil, small claims, traffic, and CARE Court matters but does not assist with decedents' estates. Probate filers rely on the statewide self-help guide at selfhelp.courts.ca.gov/probate and the DE-series instructions.
Do I have to travel to Hollister to settle an estate in San Benito County?
Usually not. Petitions can be filed by mail or e-filed, uncontested matters resolve on the tentative ruling without an appearance, 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.