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Stanislaus County, CA Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of Stanislaus — Probate Division |
| Where probate is filed | Probate Unit, Civil Clerk's Office, City Towers Courthouse, 801 10th Street, Fourth Floor, Modesto, CA 95354 |
| Probate departments | Departments 21 and 22 (Sixth Floor) and Departments 23 and 24 (Fourth Floor), City Towers Courthouse |
| Phone | (209) 530-3100 — Probate Unit is option 6 then option 4; phones answered 8:15 AM – 3:00 PM Mon–Fri |
| Clerk's office hours | Mon–Fri 8:15 AM – 4:00 PM (phone lines close at 3:00 PM) |
| Probate hearings | Tuesday–Friday at 8:30 AM, primarily in Department 22 |
| Filing fee (petition for probate) | $435 — statewide first-paper fee, no Stanislaus County surcharge (Cal. Gov. Code § 70650(a)) |
| Probate examiner | Reviews every probate matter and posts Probate Notes online (goal: 5 calendar days before the hearing); examiners Anne Holsinger and Michelle Warren, [email protected] |
| Local probate forms | Yes — including a mandatory cover sheet for lodging wills, plus local ex parte and appointed-counsel forms |
| E-filing | Mandatory for attorneys and represented parties (all civil cases, including probate) via Odyssey eFileCA; optional for self-represented filers; original wills and exhibits cannot be e-filed |
| Online case search | Public Portal at stanportal.stanct.org — search probate and other cases by party name or case number |
| Remote appearance | VCourt telephonic appearance ($35 per appearance); schedule online in advance, not by phone; some matters (e.g., petitions to confirm sale of real property) must appear in person |
| Website | https://www.stanislaus.courts.ca.gov/divisions/probate |
Before you begin — know the assets and liabilities
Before filing anything with the Stanislaus County Probate Unit, 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 a Probate Examiner reviews every petition and publishes notes before the hearing, a filing made before the family understands the estate tends to draw defects that push the case to a later hearing date.
Identify every bank account, brokerage, retirement plan, life insurance policy, business interest, and parcel of real property, and every debt, before choosing the path and preparing the forms. 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 Stanislaus hears every probate matter in the county — decedents' estates, trusts, succession and spousal petitions, and conservatorships — through the Probate Unit in the Civil Clerk's Office at the City Towers Courthouse, 801 10th Street, Fourth Floor, in Modesto. Families throughout the county, from Modesto and Turlock to Ceres, Oakdale, Riverbank, Patterson, and Newman, file there. Probate is filed in Stanislaus County when the decedent was domiciled here at death (Cal. Prob. Code § 7051), or owned Stanislaus County real property as a non-resident (ancillary administration).
Guardianships, LPS conservatorships, and adoptions are handled separately through Family Court Services at the Main Courthouse (800 11th Street), but decedents' estates, trusts, and general conservatorships are heard at City Towers in Departments 21 through 24. The court assigns most probate hearings to Department 22.
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path. Stanislaus requires a local cover sheet whenever an original will is lodged with the court.
- 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 with the Probate Unit at the City Towers Courthouse, 801 10th Street, Fourth Floor, Modesto (8:15 AM – 4:00 PM).
- Lodge the original will with the required cover sheet. It cannot be e-filed; if the petition is e-filed, deliver the original will to the clerk no later than 3 weeks before the hearing. Lodging a will not accompanied by a petition carries a $50 fee.
- Pay the $435 filing fee (statewide first-paper fee; no Stanislaus 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 Probate Unit calendars the matter for a Tuesday–Friday 8:30 AM hearing, primarily in Department 22. Watch for the Probate Examiner's notes, which post online with a goal of 5 calendar days before the hearing.
- Clear any defects the examiner flags. File corrective documents no later than 5 court days before the hearing and put the hearing date in the caption; late filings may not be reviewed in time and can trigger a continuance.
- Appear at the hearing in person, or remotely by scheduling a VCourt telephonic appearance online in advance. The judge admits the will, appoints the personal representative, and issues Letters (DE-150) once the Letters match the signed order.
- Administer and close the estate under the statewide process: creditor notice, the 4-month claim period, Inventory and Appraisal (DE-160) through the county probate referee, 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 Stanislaus County exactly as described on the California page. Stanislaus adds these local obligations:
| Stanislaus-specific duty | Detail |
|---|---|
| Lodge the original will with the mandatory cover sheet | Cannot be e-filed; if the petition is e-filed, the original will must reach the clerk no later than 3 weeks before the hearing |
| E-file all documents if represented by counsel | Mandatory for attorneys and represented parties in all civil cases, including probate (originals and exhibits excepted) |
| Hold estate cash in interest-bearing accounts | Required by Probate Code § 9652; attorney-trust or non-interest-bearing deposits need prior court approval |
| Monitor the Probate Notes online | Posted with a goal of 5 calendar days before each hearing |
| File corrective documents at least 5 court days before the hearing | Include the hearing date in the caption; late filings may not be reviewed in time |
| File the Inventory and Appraisal by the statutory deadline | Required in every estate, even one with no assets; extensions under Probate Code § 8800 |
Forms and documents
Probate forms in Stanislaus County
Stanislaus County uses the statewide Judicial Council DE-series and adds a set of local probate forms. The most relevant for a decedent's estate:
| Form | Purpose | When required |
|---|---|---|
| Cover sheet for lodging wills | Cover page filed with an original will delivered to the court | Mandatory whenever a will is lodged; download it or buy it at the probate window |
| Affidavit for Collection of Personal Property (with instructions) | The court's local packet for the small-estate affidavit under Cal. Prob. Code §§ 13100–13116 | For small-estate collection of personal property |
| PR002 — Ex Parte Petition to Dispense with Accounts | Local ex parte petition to waive a formal account | When seeking to dispense with an account |
| Removal of Probate Referee Without Cause | Local form to remove the appointed probate referee | When exercising the one-time removal right |
| Transfer of Estate Planning Documents | Local form for transferring lodged estate-planning documents | When applicable |
Local forms and packets are downloadable from the court's Common Forms & Packets page or can be purchased at the probate window. The statewide DE-series (DE-111, DE-121, DE-140, DE-147, DE-150, DE-160, and the rest) applies in addition.
Fees
| Item | Amount | Notes |
|---|---|---|
| Petition for probate (first filing) | $435 | Statewide first-paper fee; Cal. Gov. Code § 70650(a). No Stanislaus County surcharge |
| Petition to Determine Succession to Real Property | $435 | Cal. Prob. Code § 13151 petitions carry the same first-paper fee |
| Lodging a will (not with a petition for probate) | $50 | No fee when the will is submitted together with a petition for probate |
| Creditor's claim | No fee | There is no fee to file a creditor's claim |
| VCourt telephonic appearance | $35 per appearance | Plus a $2.35 card-processing fee; add $10 if requested fewer than 2 days before the hearing |
Timeline
- File the petition (with the will cover sheet if lodging a will) and complete the 15-day mailed notice and newspaper publication.
- The Probate Unit calendars the matter for a Tuesday–Friday 8:30 AM hearing, primarily in Department 22, consistent with the notice period — typically several weeks out.
- The Probate Examiner posts Probate Notes online with a goal of 5 calendar days before the hearing; file any corrections no later than 5 court days before the hearing.
- Tentative rulings are typically posted the afternoon before the hearing.
- Hearing to Letters (DE-150): same day to about a week; the examiner reviews Letters against the signed order before issuance, so same-day Letters are not guaranteed.
- Creditor claim period and Inventory and Appraisal deadline: 4 months from Letters (statewide).
- Petition for final distribution to final hearing: set on the same Tuesday–Friday calendar. A cooperative-family IAEA probate commonly runs under a year, driven mostly by the statutory 4-month creditor period.
Local nuance
Stanislaus County-specific considerations
Probate has its own examiner. A Probate Examiner reviews every decedent's estate, trust, guardianship, conservatorship, and probate ex parte matter and posts Probate Notes online, with a goal of 5 calendar days before the hearing. The notes are public. File corrections at least 5 court days before the hearing and put the hearing date in the caption — late documents may not be reviewed in time and can force a continuance.
Tuesday-through-Friday calendar. Probate is heard Tuesday through Friday at 8:30 AM, primarily in Department 22 at the City Towers Courthouse. Tentative rulings typically post the afternoon before the hearing.
VCourt, not Zoom. Remote appearances in civil and probate use VCourt, a telephonic (audio-only) system. Schedule online in advance — you cannot schedule by phone — and expect a $35 per-appearance fee. Some matters, such as petitions to confirm the sale of real property, are not eligible for telephonic appearance.
Original wills stay on paper. Even though attorneys must e-file, original wills and exhibits cannot be e-filed. Lodge the original will with the mandatory cover sheet; if the petition is e-filed, the original must reach the clerk no later than 3 weeks before the hearing.
Interest-bearing accounts required. Under Probate Code § 9652, the court requires estate cash to be held in interest-bearing accounts except amounts reasonably necessary for orderly administration, and will not approve deposits into an attorney trust account or a non-interest-bearing account without prior court approval.
Phones close before the counter. The clerk's office is open until 4:00 PM, but phone lines close at 3:00 PM. The Probate Unit line is (209) 530-3100, option 6 then option 4.
Recent updates
| Date | Change | Source |
|---|---|---|
| 2026 | Court confirms probate hearings run Tuesday–Friday at 8:30 AM, primarily in Department 22, with cases assigned across Departments 21–24 at the City Towers Courthouse | Stanislaus Superior Court probate division and locations pages |
| 2026 | Probate Examiner's Corner notes proposed local rules effective July 1, 2026 and Judicial Council probate rule/form changes taking effect January 1, 2027 | Stanislaus Superior Court Probate Examiner's Corner |
| Local rules (current) | E-filing is mandatory for represented parties in all civil cases, including probate; self-represented filers may file on paper or e-file | Stanislaus Superior Court Local Rules |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Stanislaus County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition heard on the Tuesday–Friday probate calendar at City Towers, often by VCourt telephonic appearance. The court signs DE-226; record it with the Stanislaus County Clerk-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 Stanislaus filing. A primary residence up to $750,000 uses the §§ 13150–13157 succession petition at City Towers, with a VCourt telephonic appearance for the hearing. | Asset discovery to confirm the estate fits the caps. Packet generation, including the court's local collection-affidavit packet. Online notarization so nobody has to travel to Modesto. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate at City Towers with DE-111 requesting full authority. Clear the Probate Examiner's notes before the hearing (corrections at least 5 court days prior). The personal representative sells the home under IAEA with a Notice of Proposed Action (DE-165); a petition to confirm a court-supervised sale must be heard in person, not by VCourt. | Asset discovery for the child's assets. Packet generation for DE-111 with IAEA full authority. Help responding to probate examiner notes. |
Self-help resources
| Resource | What it offers |
|---|---|
| Stanislaus Superior Court Probate Division and Probate Notes pages (stanislaus.courts.ca.gov/divisions/probate) | Local forms, the Probate Examiner's Corner, published Probate Notes, and filing guidance for decedents' estates |
| Stanislaus County Superior Court Self-Help Center — 800 11th Street, Room 220, Modesto; (209) 548-6237; [email protected] | Free self-help for guardianships, conservatorships, and adoptions; note it does not list decedents'-estate probate, so estate filers rely on the court's probate pages and forms |
| Stanislaus County Law Library | Practice guides and probate research help; recommended by the court for probate self-help |
| 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) | Statewide directory of free and low-cost legal aid programs serving Stanislaus County |
When to hire an attorney
Many cooperative-family Stanislaus County probates — spousal petitions, small-estate paths, and uncontested IAEA administration — can be completed without an attorney, though the Probate Examiner's notes make a complete, correct filing important. 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 Stanislaus County real property, or the examiner's notes recur and the family cannot clear them. Because the county Self-Help Center does not cover decedents' estates, self-represented families rely on the court's probate pages and forms. Sunset can connect families to a vetted California probate attorney serving Stanislaus County.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Stanislaus County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, Stanislaus County real estate, business interests, and unclaimed property.
Generate the probate packet. Sunset assembles the statewide Judicial Council DE-series forms for your estate settlement path, plus the Stanislaus local cover sheet and collection-affidavit packet the court requires, ready for signature and filing.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted California probate attorney serving Stanislaus 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 Stanislaus County?
With the Probate Unit in the Civil Clerk's Office at the City Towers Courthouse, 801 10th Street, Fourth Floor, Modesto, CA 95354. Attorneys must e-file; self-represented filers may e-file or file on paper at that window (8:15 AM – 4:00 PM).
When are probate hearings held in Stanislaus County?
Tuesday through Friday at 8:30 AM, primarily in Department 22 at the City Towers Courthouse. Cases are assigned across Departments 21–24.
Do I have to e-file in Stanislaus County probate?
Attorneys and represented parties must e-file all civil documents, including probate, through an Odyssey eFileCA service provider. Self-represented filers may e-file or file on paper. Original wills and exhibits cannot be e-filed.
How do the Stanislaus County probate examiner notes work?
A Probate Examiner reviews every probate matter and posts Probate Notes online, with a goal of 5 calendar days before the hearing. If the notes flag a defect, file corrective documents no later than 5 court days before the hearing and put the hearing date in the caption; late filings may not be reviewed in time and can force a continuance.
Can I appear at a Stanislaus County probate hearing remotely?
Yes, for most matters, using VCourt — the court's telephonic appearance system. Schedule it online in advance (you cannot schedule by phone); the fee is $35 per appearance. Some matters, such as petitions to confirm the sale of real property, must be heard in person.
Can I look up a Stanislaus County probate case online?
Yes. Use the court's Public Portal at stanportal.stanct.org to search probate and other cases by party name or case number and view some filed documents.
Does Stanislaus County require a cover sheet to lodge a will?
Yes. A cover sheet is required whenever an original will is lodged with the court. Lodging a will that is not accompanied by a petition for probate carries a $50 fee; there is no fee when the will is submitted with a petition. If the petition is e-filed, the original will must reach the clerk no later than 3 weeks before the hearing.
How much does it cost to file for probate in Stanislaus County?
$435 for the first petition (Cal. Gov. Code § 70650(a)). Stanislaus adds no county surcharge. Fee waivers are available on Judicial Council forms FW-001/FW-003.
Is there a probate self-help clinic in Stanislaus County?
The county Self-Help Center (800 11th Street, Room 220, Modesto) covers guardianships, conservatorships, and adoptions but not decedents'-estate probate. For decedents' estates, use the court's probate division pages, the Probate Examiner's Corner, and the local forms, or consult the Stanislaus County Law Library.
Do I have to travel to Modesto to settle an estate in Stanislaus County?
Often not. Attorneys e-file, self-represented filers can file by mail or e-file, most hearings can be attended by VCourt telephonic appearance, and the small-estate affidavit under Cal. Prob. Code § 13100 never touches the court — it goes directly to banks and asset holders. Original wills, however, must be delivered to the clerk 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.