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San Mateo County, CA Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of San Mateo — Probate Division |
| Courthouse | Hall of Justice, 400 County Center, 1st Floor, Redwood City, CA 94063 (Southern Branch) |
| Probate department | Department 13, Courtroom 2C (Judge Lisa A. Novak, probate supervising judge) |
| General phone | (650) 261-5100 (select option 4 for probate) |
| Department 13 phone / email | (650) 261-5113; [email protected] |
| Probate ex parte / general email | [email protected] (Probate Court Investigator: [email protected]) |
| Clerk's probate window hours | By appointment only, Mon–Fri 8:30 AM – 1:00 PM (schedule an in-person appointment through the court website) |
| Probate calendar | Department 13, Mon–Fri at 9:00 AM (check in with the clerk by 8:45 AM); probate trials at 2:00 PM |
| Filing fee (petition for probate) | $435 — statewide fee, no San Mateo County surcharge (Cal. Gov. Code § 70650(a); statewide Civil Fee Schedule) |
| Local probate forms | Yes — mandatory local forms including PR-5 (probate referee), PR-13 (newspaper listings), PR-8 (§ 13100 affidavit), PR-9 (ex parte declaration) |
| E-filing | Mandatory for attorneys in probate since January 21, 2020 via Odyssey eFileCA; optional for self-represented filers |
| Tentative rulings | Posted by 3:00 PM the court day before the hearing at web.sanmateocourt.org; retained 5 calendar days |
| Online case search | San Mateo County Superior Court Records Index (MIDX) at web.sanmateocourt.org/midx — index only, free; documents via the Odyssey portal |
| Remote appearance | Zoom (Department 13 meeting ID 161 920 9458, passcode 696850, dial-in +1 (669) 254-5252); appear by video, use your full name |
| Website | https://sanmateo.courts.ca.gov/divisions/probate-division |
Before you begin — know the assets and liabilities
Before filing anything with the San Mateo probate 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. San Mateo posts a tentative ruling on every probate matter by 3:00 PM the day before the hearing, so a petition filed with gaps draws a tentative ruling that continues the matter, adding weeks to the case.
Identify every bank account, brokerage, retirement plan, life insurance policy, business interest, and parcel of real property — Peninsula real estate values make the small-estate caps easy to exceed here — 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 Probate Division of the San Mateo Superior Court hears every probate matter in the county — decedents' estates, succession and spousal petitions, conservatorships, guardianships, trust matters, and elder-abuse proceedings — from Department 13 at the Hall of Justice, 400 County Center, in Redwood City. Families everywhere in the county, from Daly City to Half Moon Bay to East Palo Alto, file here; the court's Northern (South San Francisco) and Central (San Mateo) branches handle no probate, and the Central branch has no on-site clerk's office or drop box.
Venue in San Mateo is proper when the decedent was domiciled in the county at death (Cal. Prob. Code § 7051), or owned San Mateo County real property as a non-resident (ancillary administration). Probate is heard on the morning calendar in Courtroom 2C, with a separate afternoon trial calendar.
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path — for a decedent's estate, the Petition for Probate (DE-111) and Notice of Petition to Administer Estate (DE-121).
- File the petition. Attorneys must e-file through an Odyssey eFileCA service provider (mandatory for probate since January 21, 2020); self-represented filers may e-file or file on paper at the probate window (Hall of Justice, 1st Floor, by appointment only, 8:30 AM – 1:00 PM).
- Lodge paper-only items with the court: original wills and codicils, bonds, affidavits re real property of small value, and estate-planning documents cannot be e-filed. Deposit any original will before the hearing.
- Pay the $435 filing fee (statewide first-paper fee; no San Mateo County surcharge). Fee waivers are available on Judicial Council forms FW-001/FW-003.
- Complete notice: publish notice in a newspaper of general circulation within 30 days of the file date (see local form PR-13, Newspaper Listings) and mail DE-121 notice to heirs and beneficiaries at least 15 days before the hearing.
- Before Letters can issue, file the Duties and Liabilities of Personal Representative (DE-147) and confidential DE-147S, the local Request for Appointment of California Probate Referee (PR-5), any required bond, and lodge the Order for Probate (DE-140) and Letters (DE-150) at least 7 days before the hearing with a self-addressed stamped envelope.
- Check the tentative ruling for your hearing — posted by 3:00 PM the prior court day at web.sanmateocourt.org — and clear any deficiency it flags before you appear, or the matter will be continued.
- Attend the hearing in Department 13 at 9:00 AM, in person or by Zoom (meeting ID 161 920 9458, passcode 696850). 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) with the appointed probate referee's appraisal of non-cash assets, 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 Mateo exactly as described on the California page. San Mateo adds these local obligations:
| San Mateo-specific duty | Timing / detail |
|---|---|
| E-file all documents if represented by counsel (originals excepted) | Throughout the case — mandatory for attorneys in probate since January 21, 2020 |
| Publish notice and file the local Newspaper Listings form (PR-13) | Publication within 30 days of the file date |
| File the local Request for Appointment of California Probate Referee (PR-5) | Before Letters issue |
| Lodge the Order for Probate (DE-140), Letters (DE-150), and copies with a self-addressed stamped envelope | At least 7 days before the hearing |
| Lodge the original will and codicils on paper | Before the hearing (they cannot be e-filed) |
| Review the tentative ruling and clear any flagged deficiency | Rulings post by 3:00 PM the court day before the hearing |
Forms and documents
Probate forms in San Mateo County
San Mateo uses the statewide Judicial Council DE-series plus mandatory local probate forms. The local forms most relevant to a decedent's estate:
| Form | Name | When used |
|---|---|---|
| PR-5 (L-PR-5) | Request for Appointment of California Probate Referee | Filed before Letters issue; the referee appraises non-cash estate assets |
| PR-13 | Newspaper Listings | Newspaper-publication compliance; publish within 30 days of the file date |
| PR-8 | Affidavit to comply with Cal. Prob. Code §§ 13100–13115 | Small-estate collection of personal property |
| PR-9 | Declaration Re: Notice of Ex Parte Application for Orders | With a probate ex parte application |
| PR-23 | Notice to Court of Death | To notify the court of a conservatee's or ward's death |
| PR-CV-FL-7 | Uncontested Calendar Request | To place an uncontested matter on calendar |
Local forms are downloadable from the court's local-forms page at sanmateo.courts.ca.gov/forms-filing/local-forms. The statewide DE-series (DE-111, DE-121, DE-140, DE-147, DE-147S, DE-150, DE-160, and the rest) applies in addition.
Timeline
- File the petition (DE-111, DE-121) and complete notice: mail DE-121 to heirs at least 15 days before the hearing and publish within 30 days of filing (PR-13).
- The clerk sets the hearing on the Department 13 morning calendar (9:00 AM). Lodge the Order for Probate and Letters at least 7 days before the hearing.
- Review the tentative ruling posted by 3:00 PM the court day before the hearing; clear any flagged deficiency or the matter is continued.
- Hearing to Letters (DE-150): same day to about a week for a petition with a clean tentative ruling; deficiencies push continuances weeks out.
- Creditor claim period and Inventory and Appraisal deadline: 4 months from Letters (statewide); the appointed probate referee appraises non-cash assets.
- Petition for final distribution to final hearing: set on the same Department 13 morning calendar.
- Total for a cooperative-family IAEA probate: commonly 9 months to 1.5 years, driven mostly by the statutory 4-month creditor period.
Local nuance
San Mateo County-specific considerations
One probate department. All San Mateo probate is heard in Department 13, Courtroom 2C, at the Hall of Justice in Redwood City. The Northern (South San Francisco) and Central (San Mateo) branches handle no probate, and the Central branch has no clerk's office or drop box.
The clerk window is appointment-only, mornings only. The probate window is open by appointment only, Monday through Friday from 8:30 AM to 1:00 PM. Schedule an in-person appointment through the court website before going in; walk-ins are not accommodated.
Tentative rulings drive the calendar. San Mateo posts a tentative ruling on every probate matter by 3:00 PM the court day before the hearing, at web.sanmateocourt.org, and keeps it up for 5 calendar days. Read it before you appear — a ruling that flags a defect continues the matter unless you resolve it.
Attorneys must e-file; families may. Probate e-filing through Odyssey eFileCA has been mandatory for attorneys since January 21, 2020. Self-represented filers may e-file or file on paper by appointment. Original wills, codicils, bonds, and estate-planning documents are always lodged on paper.
Zoom is standard for hearings. Department 13 appearances run by Zoom (meeting ID 161 920 9458, passcode 696850, dial-in +1 (669) 254-5252). Appear by video, sign in with your full first and last name, and check in with the clerk by 8:45 AM. Recording is prohibited.
Local forms are mandatory. Unlike some counties, San Mateo requires several local forms alongside the DE-series — notably PR-5 (probate referee) before Letters issue and PR-13 (newspaper listings) for publication compliance.
Recent updates
| Date | Change | Source |
|---|---|---|
| January 1, 2026 | Statewide Civil Fee Schedule reissued; the probate first-paper fee is unchanged at $435 and San Mateo adds no county surcharge (the county fee-schedule link redirects to the statewide schedule) | San Mateo Superior Court fee-schedule page; statewide Civil Fee Schedule |
| 2026 | Probate is heard in Department 13, Courtroom 2C (Judge Lisa A. Novak, probate supervising judge), with tentative rulings posted by 3:00 PM the prior court day | San Mateo Superior Court probate division and Department 13 pages |
| January 21, 2020 | E-filing became mandatory for attorneys in probate (and family law) via Odyssey eFileCA; self-represented filers may e-file voluntarily | San Mateo Superior Court e-filing page |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in San Mateo County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition heard in Department 13, usually appearing by Zoom. The court signs DE-226; record it with the San Mateo County Assessor-Recorder to complete the title transfer. Peninsula home values rarely affect a spousal petition, which has no dollar cap. | 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 San Mateo filing. Because Peninsula real estate is expensive, a primary residence often exceeds the $750,000 succession-petition cap and requires full probate in Department 13, with a Zoom appearance. | Asset discovery to confirm whether the estate fits the caps. Packet generation. Online notarization so the child need not travel to Redwood City. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate in Department 13 with DE-111 requesting full authority. File the PR-5 probate-referee request before Letters, clear the tentative ruling before the hearing, then sell the home under IAEA authority 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-5, IAEA and bond waivers. Help resolving tentative-ruling deficiencies. |
Self-help resources
| Resource | What it offers |
|---|---|
| San Mateo probate window — (650) 261-5100, option 4; 400 County Center, 1st Floor, Room A, Redwood City | Procedural filing questions for decedent's estates; note the court's Self-Help Center / Family Law Facilitator covers guardianship and conservatorship but not decedent's-estate probate |
| San Mateo County Law Library — 710 Hamilton Street, Redwood City; (650) 363-4913 | California and San Mateo court forms, probate practice guides, self-help research help, and a monthly Lawyer in the Library program (fourth Wednesday) |
| 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 Mateo County |
When to hire an attorney
A San Mateo attorney is advisable when the estate exceeds $1 million — common on the Peninsula, where a single home often clears that alone — 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 tentative rulings recur and the family cannot clear the flagged deficiencies. Because San Mateo's Self-Help Center does not cover decedent's estates, self-represented families rely on the court's petition-document instructions and the county law library — workable for cooperative-family cases, but thin support for anything contested. Sunset can connect families to a vetted San Mateo probate attorney when the situation requires counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and San Mateo County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, Peninsula real estate (with community-property characterization), business interests, and unclaimed property.
Generate the probate packet. Sunset assembles the full San Mateo filing packet for estate settlement: the Judicial Council DE-series forms for your path plus the mandatory local forms the case needs, including the PR-5 probate-referee request and the PR-13 newspaper-listings form.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted San Mateo 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 Mateo County?
At the Probate Division of the San Mateo Superior Court, Hall of Justice, 400 County Center, 1st Floor, Redwood City, CA 94063. All probate for the entire county is heard in Department 13, Courtroom 2C; the court's Northern and Central branches handle no probate.
Do I have to e-file in San Mateo probate?
Attorneys and represented parties must e-file (mandatory for probate since January 21, 2020) through an Odyssey eFileCA service provider. Self-represented filers may e-file or file on paper at the probate window by appointment. Original wills, codicils, bonds, and estate-planning documents are always lodged on paper.
What are the San Mateo probate clerk's hours?
The probate window is open by appointment only, Monday through Friday from 8:30 AM to 1:00 PM. Schedule an in-person appointment through the court website before going in — walk-ins are not accommodated. Reach the probate line at (650) 261-5100, option 4.
When are probate hearings held in San Mateo County?
Probate matters are heard in Department 13 Monday through Friday at 9:00 AM (check in with the clerk by 8:45 AM); probate trials are at 2:00 PM. Read the tentative ruling for your case first — it posts by 3:00 PM the court day before the hearing.
What are tentative rulings and where do I find them?
San Mateo posts a tentative ruling on every probate matter by 3:00 PM the court day before the hearing at web.sanmateocourt.org, and keeps it up for 5 calendar days. If the ruling flags a defect in your petition, resolve it before you appear or the matter will be continued.
Can I appear at a San Mateo probate hearing by Zoom?
Yes. Department 13 hearings run by Zoom (meeting ID 161 920 9458, passcode 696850, or dial-in +1 (669) 254-5252). Appear by video, sign in with your full first and last name, and do not record the proceeding.
Does San Mateo County have local probate forms?
Yes. Alongside the statewide DE-series, San Mateo requires local forms — notably PR-5 (Request for Appointment of California Probate Referee) before Letters issue, and PR-13 (Newspaper Listings) for publication compliance. They are on the court's local-forms page.
How much does it cost to file for probate in San Mateo County?
$435 for the first petition (Cal. Gov. Code § 70650(a), statewide Civil Fee Schedule). San Mateo adds no county surcharge. Fee waivers are available on Judicial Council forms FW-001/FW-003.
Can I look up a San Mateo probate case online?
Yes, for index information. The San Mateo County Superior Court Records Index (MIDX) at web.sanmateocourt.org/midx offers free case-number, name, and filing-date searches; case documents are available through the court's Odyssey portal.
Do I have to travel to Redwood City to settle an estate in San Mateo County?
Often not. Attorneys e-file, self-represented families may e-file, hearings are held by Zoom, and the small-estate affidavit under Cal. Prob. Code § 13100 never touches the court — it is presented directly to banks and asset holders. Original wills and certain documents must still be lodged on paper.
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.