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San Diego County, CA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of San Diego — Probate Division |
| Probate Business Office | Central Courthouse, 1100 Union Street, Third Floor, San Diego, CA 92101 |
| Probate departments | C-501 through C-504, Central Courthouse |
| Phone | (619) 844-2676 — answered 8:30–11:30 AM Mon–Fri; probate examiners take calls 10:00–10:30 AM |
| Business office window hours | Mon–Fri 8:30 AM – 4:00 PM (excluding court holidays) |
| North County | Drop box only at the North County Regional Center, 325 S. Melrose Drive, Vista — no probate counter service |
| Filing fee (petition for probate) | $435 (Cal. Gov. Code § 70650(a); SDSC fee schedule ADM-001, effective July 1, 2026) |
| Key mandatory local form | SDSC PR-198 Attachment to Initial or Competing Petition for Probate (required since March 1, 2024) |
| E-filing | Mandatory for attorneys and represented parties (since April 15, 2021) via Odyssey eFileCA; optional for self-represented filers |
| Probate examiner notes | Published online in the case's Register of Actions at odyroa.sdcourt.ca.gov, about 2–3 weeks before the hearing |
| Initial hearing | Set 15–30 days from filing, or 30–45 days at the petitioner's election (PR-198) |
| Remote appearance | Virtual hearings per department — check the court's probate virtual hearings page for current links on your hearing day |
| Website | https://www.sdcourt.ca.gov/sdcourt/probate2 |
Before you begin — know the assets and liabilities
San Diego sets probate hearings fast — 15 to 30 days from filing under the mandatory PR-198 attachment. That speed cuts both ways: a complete, correct petition moves quickly, but a petition filed before the family understands what is in the estate draws probate examiner notes, and uncleared notes mean continuances that stretch the case out by weeks or months.
Before filing anything, identify every bank account, brokerage, retirement plan, life insurance policy, business interest, and parcel of real property, and every debt. Only then can you choose the right path — small-estate affidavit, succession petition, spousal petition, or full IAEA probate — and file a petition the examiner will pass. 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 San Diego Superior Court hears every probate matter in the county — decedents' estates, succession and spousal petitions, conservatorships, guardianships, and trust matters — from the Central Courthouse at 1100 Union Street in downtown San Diego, departments C-501 through C-504. Under Local Rule 4.1.2.A, the East, North, and South County divisions handle no probate; families everywhere in the county, from Oceanside to Chula Vista to El Cajon, file with Central.
The North County Regional Center in Vista offers a document drop box only — there is no probate counter service there, and mailed filings go to the Central Courthouse. Venue in San Diego is proper when the decedent was domiciled in the county at death (Cal. Prob. Code § 7051).
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path, plus the mandatory SDSC PR-198 Attachment to Initial or Competing Petition for Probate, on which you elect an initial hearing 15–30 days from filing (or 30–45 days if you need more time to complete notice).
- File the petition. Attorneys and represented parties must e-file through an Odyssey eFileCA service provider; self-represented filers may e-file or file on paper at the Probate Business Office window (Central Courthouse, Third Floor, 8:30 AM – 4:00 PM) or the Vista drop box.
- Lodge paper-only items in person or by mail: original wills and codicils, surety bonds, and sealed documents cannot be e-filed (SDSC PR-188 lists the exceptions).
- Pay the $435 filing fee (SDSC fee schedule ADM-001; fee waivers 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.
- Check the probate examiner notes in your case's Register of Actions at odyroa.sdcourt.ca.gov — they post about 2–3 weeks before the hearing. Respond to any deficiency with SDSC PR-177 at least 5 court days before the hearing, or the matter will be continued.
- Attend the hearing in department C-501, C-502, C-503, or C-504, in person or virtually (check the court's probate virtual hearings page for the current per-department links). 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 San Diego exactly as described on the California page. San Diego adds these local obligations:
| San Diego-specific duty | Timing |
|---|---|
| File the mandatory PR-198 attachment and elect the hearing window | With every initial or competing petition |
| E-file all documents if represented by counsel (originals excepted) | Throughout the case (mandatory since April 15, 2021) |
| Lodge original wills, codicils, and surety bonds on paper | They cannot be e-filed (see PR-188) |
| Monitor the probate examiner notes in the Register of Actions | Notes post about 2–3 weeks before each hearing |
| Respond to examiner-note deficiencies on form PR-177 | At least 5 court days before the hearing |
| Use PR-136 and PR-136A for any ex parte request | With every probate ex parte application |
Forms and documents
Probate forms in San Diego County
San Diego uses the statewide Judicial Council DE-series plus mandatory local SDSC forms. The most important local forms for a decedent's estate:
| Form | Name | When required |
|---|---|---|
| SDSC PR-198 | Attachment to Initial or Competing Petition for Probate | Every initial or competing petition for probate since March 1, 2024; elects the hearing window (15–30 or 30–45 days) |
| SDSC PR-136 | Ex Parte Coversheet | Every probate ex parte request, including amended requests |
| SDSC PR-136A | Declaration Re Notice of Ex Parte | With every probate ex parte request |
| SDSC PR-196 / PR-197 | Extraordinary Compensation Declarations | When requesting extraordinary attorney or personal representative compensation |
| SDSC PR-132(A1) | Cover Page for Affidavit for Collection of Personal Property | When lodging a small-estate collection affidavit with the court (new December 2024) |
| SDSC PR-177 | Response to Probate Examiner Notes | To clear examiner-note deficiencies, at least 5 court days before the hearing |
| SDSC PR-188 | Probate E-Filing Requirements | Reference — lists what must be e-filed and the paper-only exceptions |
| SDSC PKT-057 | Decedent's Estate Packet | The court's own step-by-step packet for self-represented personal representatives (revised December 2025) |
Local forms and the packet are downloadable from the court's probate forms page at sdcourt.ca.gov. The statewide DE-series applies in addition.
Fees
| Item | Amount | Notes |
|---|---|---|
| Petition for probate (first or competing filing) | $435 | SDSC Fee Schedule ADM-001 (rev. 7/26, effective July 1, 2026), item 121; Cal. Gov. Code § 70650(a) |
| Petition to Determine Succession to Real Property | $435 | Same first-paper fee (Cal. Prob. Code § 13151 petitions) |
| E-filing service-provider fee | Varies by provider | Charged by the Odyssey eFileCA service provider, not the court |
Timeline
- File the petition with PR-198, electing a hearing 15–30 days out (or 30–45 days if notice needs more time).
- Probate examiner notes post to the Register of Actions about 2–3 weeks before the hearing; respond with PR-177 at least 5 court days before the hearing.
- Hearing to Letters (DE-150): same day to one week for a petition with cleared notes; uncleared deficiencies push continuances beyond 45 days.
- Creditor claim period and Inventory and Appraisal deadline: 4 months from Letters (statewide).
- Petition for final distribution to final hearing: set on the same 15–30 day cycle.
- Total for a full administration: the court's own Decedent's Estate Packet estimates 9 months to 1.5 years, longer for complex or contested estates.
Local nuance
San Diego County-specific considerations
Everything files at Central. San Diego is a one-courthouse probate county by rule: Local Rule 4.1.2.A folds the East, North, and South County divisions into Central for all probate. The Vista regional center offers only a drop box — no probate counter, no probate hearings.
Examiner notes are online and binding in practice. Probate Notes publish to the case's Register of Actions at odyroa.sdcourt.ca.gov roughly 2–3 weeks before the hearing, linked next to the hearing date. Respond with PR-177 at least 5 court days before the hearing; matters with uncleared notes are continued.
Morning-only phones. The Probate Business Office answers (619) 844-2676 only from 8:30 to 11:30 AM, and probate examiners take calls only 10:00–10:30 AM. Plan calls accordingly; the counter window itself is open until 4:00 PM.
Fast hearing settings. Since March 1, 2024, the mandatory PR-198 attachment implements Cal. Prob. Code § 8003: initial hearings are set 15–30 days from filing, or 30–45 days at the petitioner's election. San Diego is one of the fastest large California counties from filing to first hearing.
Virtual hearing links change. Probate virtual appearances run per department; the court suspended its old phone-based Telecourt system in February 2024 and has switched platforms since. Check the probate virtual hearings page at sdcourt.ca.gov for the current per-department links on your hearing day.
Small-estate Alternatives
The statewide small-estate paths apply in San Diego with no local dollar changes. One local quirk: when a small-estate collection affidavit is lodged with the court, San Diego requires its Cover Page for Affidavit for Collection of Personal Property, SDSC form PR-132(A1), adopted December 2024. The standard § 13100 affidavit presented directly to a bank or transfer agent never touches the court and needs no San Diego form.
Recent updates
| Date | Change | Source |
|---|---|---|
| July 1, 2026 | SDSC fee schedule ADM-001 reissued; the probate first-paper fee is unchanged at $435 | SDSC ADM-001 (rev. 7/26) |
| 2026 | Probate departments C-501 through C-504 at the Central Courthouse, with calendar reassignments effective April 29, May 7, and August 19, 2026 | SDSC probate division announcements |
| December 2025 | The court revised its Decedent's Estate Packet (PKT-057) and probate e-filing requirements form (PR-188) | sdcourt.ca.gov probate forms page |
| December 2024 | New mandatory cover page PR-132(A1) for small-estate collection affidavits lodged with the court | SDSC probate forms page |
| March 1, 2024 | SDSC PR-198 became mandatory with every initial or competing petition for probate, implementing Cal. Prob. Code § 8003 hearing-setting windows (15–30 or 30–45 days) | SDSC probate announcements |
| February 2024 | The court suspended phone-based Telecourt appearances for probate; virtual appearances moved to per-department video links | SDSC probate virtual hearings page |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in San Diego County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition filed at the Central Courthouse with PR-198; hearing 15–30 days out, often appearing virtually. The court signs DE-226; record it with the San Diego County Recorder to complete the title transfer. | Asset discovery to confirm community vs. separate property. Packet generation for DE-221, DE-226, MC-025, and PR-198. 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 San Diego filing. A primary residence up to $750,000 uses the §§ 13150–13157 succession petition at Central, with a fast 15–30 day hearing and virtual appearance. | Asset discovery to confirm the estate fits the caps. Packet generation. Online notarization so the child does not need to travel to San Diego. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate at Central with PR-198 and DE-111 requesting full authority. Clear the examiner notes before the hearing (PR-177 at least 5 court days prior). The personal representative sells the home under IAEA with a Notice of Proposed Action (DE-165). Typically 9 months to 1.5 years. | Asset discovery for the child's assets. Packet generation for DE-111, PR-198, IAEA and bond waivers. Help responding to probate examiner notes. |
Self-help resources
| Resource | What it offers |
|---|---|
| SDSC Decedent's Estate Packet (PKT-057) | The court's own step-by-step packet for self-represented personal representatives, revised December 2025 — the closest thing San Diego offers to a probate clinic |
| SDSC probate division pages (sdcourt.ca.gov/sdcourt/probate2) | Local forms, examiner-note instructions, e-filing requirements, and virtual hearing links |
| SDSC Self-Help Center | General self-help services; note that San Diego has no probate facilitator or decedent's-estate clinic — estate filers rely on the packet and forms above |
| California Courts Self-Help Guide — Probate (selfhelp.courts.ca.gov/probate) | The Judicial Council's official plain-language guide to every California probate path |
| LawHelpCA (lawhelpca.org) | Directory of free and low-cost legal aid programs serving San Diego County |
When to hire an attorney
A San Diego attorney is advisable when the estate exceeds $1 million (statutory fees become significant if counsel is engaged), when a will contest or heir dispute is likely, when the estate holds business interests or out-of-state property, when ancillary administration is needed for a non-resident decedent, or when examiner notes recur and the family cannot clear them. Because San Diego has no probate facilitator or estate clinic, self-represented families lean on the court's Decedent's Estate Packet — workable for cooperative-family cases, but thin support for anything contested. Sunset can connect families to a vetted San Diego probate attorney when the situation requires counsel.
How Sunset helps
Find the accounts and assets. During estate settlement, Sunset searches more than 2,300 financial institutions and San Diego 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 full San Diego filing packet: the Judicial Council DE-series forms for your path plus the mandatory SDSC PR-198 hearing-setting attachment and any ex parte or compensation forms the case needs.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted San Diego probate attorney.
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 Diego County?
At the Central Courthouse, 1100 Union Street, Third Floor, San Diego, CA 92101. All probate for the entire county files there under Local Rule 4.1.2.A — the East, North, and South County divisions handle no probate. The Vista regional center has a drop box only.
Do I have to e-file in San Diego probate?
Attorneys and represented parties must e-file (mandatory since April 15, 2021) through an Odyssey eFileCA service provider. Self-represented filers may e-file or file on paper. Original wills, codicils, surety bonds, and sealed documents are always filed on paper (see SDSC PR-188).
What is San Diego form PR-198?
The Attachment to Initial or Competing Petition for Probate, mandatory with every petition since March 1, 2024. It implements Cal. Prob. Code § 8003: you elect an initial hearing 15–30 days from filing, or 30–45 days if you need more time to complete notice.
How fast is the first probate hearing in San Diego?
15 to 30 days from filing — or 30 to 45 days at your election on PR-198. That is among the fastest of California's large counties. Deficiencies flagged by the probate examiner can push the effective date out through continuances.
How do I check probate examiner notes in San Diego?
Open your case in the Register of Actions at odyroa.sdcourt.ca.gov; the Probate Notes link appears next to the hearing date, usually 2–3 weeks before the hearing. Respond to any deficiency with SDSC PR-177 at least 5 court days before the hearing.
Can I appear at a San Diego probate hearing remotely?
Yes. Probate virtual appearances run per department (C-501 through C-504). The platform and links have changed over time — the court suspended phone-based Telecourt in February 2024 — so check the probate virtual hearings page at sdcourt.ca.gov for the current links on your hearing day.
What is the probate filing fee in San Diego County?
$435 for the first or a competing petition (SDSC fee schedule ADM-001, effective July 1, 2026; Cal. Gov. Code § 70650(a)). Fee waivers are available on Judicial Council forms FW-001/FW-003.
Is there a probate self-help clinic in San Diego?
No. San Diego has no probate facilitator or decedent's-estate clinic. The court's Decedent's Estate Packet (PKT-057) is the official self-help resource for personal representatives; the Self-Help Center covers other case types.
I live in North County — can I file probate in Vista?
No. The North County Regional Center in Vista offers only a drop box for probate documents. All probate filing, counter service, and hearings happen at the Central Courthouse in downtown San Diego, though most hearings can be attended virtually.
What time can I call the San Diego probate office?
The Probate Business Office answers (619) 844-2676 between 8:30 and 11:30 AM, Monday through Friday. Probate examiners take calls 10:00–10:30 AM. The in-person window at the Central Courthouse is open 8:30 AM – 4:00 PM.
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.