Daly City Probate Records

All probate matters for Daly City residents go through San Mateo County Superior Court. The city has no probate court of its own. When someone living in Daly City passes away, their estate case must be filed at the county level. San Mateo County runs the probate division that handles all cities within its borders. This includes wills, estate administration, conservatorships, and guardianships. The county court is in Redwood City at 400 County Center. You need to go there to file cases or access records for Daly City decedents. The court operates by appointment only for probate matters.

San Mateo County Court System

Probate cases for Daly City must be filed with San Mateo County Superior Court. California places all probate jurisdiction at the county level. Cities lack the legal authority to hear estate cases. The Superior Court has exclusive power over wills, trusts, and estate distribution.

The court building sits at 400 County Center in Redwood City. The probate division requires appointments for all services. Walk-ins are not accepted. Call 650-261-5100 to schedule. You can also email probate@sanmateocourt.org with questions. Court hours run from 8:30 AM to 1:00 PM Monday through Friday. No afternoon service is available.

San Mateo County uses an online case search portal at sanmateocourt.org. You can look up probate cases by name or case number. The system shows basic case information and filed documents. Some older cases may not appear in the online database.

Filing Estate Cases

To start a probate case for a Daly City resident, you need form DE-111. This is the Petition for Probate. Get it from the Judicial Council website. Fill it out completely. Attach a certified copy of the death certificate. Include the original will if one exists.

You must make an appointment before going to the courthouse. The clerk will not accept filings without a scheduled time slot. Bring your completed petition and all attachments. The filing fee is $435. Pay by credit card, money order, or cashier's check. Personal checks are not accepted. Cash payments are allowed but not recommended.

After filing, the court sets a hearing date. This usually happens six to eight weeks out. You must publish notice of the hearing in a local newspaper. The Daily Journal and San Mateo Times both qualify. You also mail notice to all heirs and beneficiaries. File proof of service before the hearing date. The judge will not proceed without proper notice.

At the hearing, the judge reviews your petition. If everything is in order, you receive Letters of Administration. These give you legal power to handle the estate. You can access bank accounts and pay bills. You can sell property if needed. Within four months you must file an Inventory and Appraisal listing all assets.

Simplified Procedures for Small Estates

California allows shortcuts for small estates. The threshold is $208,850 as of April 2025. If the estate value falls below this amount, you can use form DE-310 for personal property or form DE-305 for real estate. These forms let you transfer assets without full probate.

Use the small estate affidavit to claim property. You must wait 40 days after the death. Take the completed form to whoever holds the assets. This could be a bank, stock broker, or title company. They review the form and transfer the property to you. No court hearing is required.

Real property worth less than $67,425 can transfer using form DE-305. File this with the county recorder, not the court. The recorder charges about $15 for filing. This applies only to real estate in California. Other assets still need the DE-310 affidavit.

Even small estates sometimes benefit from full probate. If creditors are fighting over assets, probate provides a clear process. If title issues exist on property, probate can resolve them. Talk to an attorney if you are unsure which path to take.

Note: The small estate threshold adjusts every three years based on inflation calculations set by the state legislature.

Legal Resources in Daly City

The San Mateo County court system offers self-help services for people handling probate without attorneys. Staff can help you fill out forms. They explain basic procedures. They cannot give legal advice about your specific situation. Schedule an appointment for self-help services when you call the court.

Several organizations provide free or low-cost legal aid to San Mateo County residents. The Legal Aid Society of San Mateo County helps low-income people. They handle probate and estate matters. Call them at 650-558-0915. Senior adults can contact Senior Adults Legal Assistance. They serve people over 60 regardless of income. Their number is 408-295-5991.

The Daly City Public Library has legal reference materials. The main branch is at 40 Wembley Drive. Librarians can help you find forms and guides. Some branch libraries also stock California legal handbooks. The library offers free computer access if you need to file forms online.

Private attorneys in San Mateo County charge hourly rates or flat fees for probate work. Expect to pay $300 to $500 per hour for experienced probate lawyers. Some charge a percentage of the estate value. Get fee agreements in writing before hiring anyone. The State Bar of California runs a lawyer referral service at 866-442-2529.

Getting Death Records

You need certified death certificates for probate filings. Get them from the San Mateo County Clerk-Recorder office or the state vital records office. The county office processes recent deaths faster. The state office has older records.

Order death certificates online, by mail, or in person. The county charges about $28 per certified copy. Processing takes one to two weeks. You can expedite for an additional fee. Bring valid ID when ordering in person. Only certain people can request death certificates. This includes family members, estate representatives, and authorized agents.

The California Department of Public Health maintains statewide vital records. Their office is at P.O. Box 997410, Sacramento CA 95899-7410. Call 916-445-2684 with questions. The state charges similar fees but takes longer to process requests. Expect three to four weeks for mail orders.

Other San Mateo County Cities

These nearby cities also use San Mateo County Superior Court for probate: San Mateo, Redwood City, South San Francisco, and San Bruno. All estate cases from these cities go to the same courthouse in Redwood City.

For neighboring counties, see: San Francisco County, Alameda County, Santa Clara County, and Santa Cruz County.

How to Search Probate Cases

Start with the San Mateo County online portal. Enter the last name first. Try different spellings. People sometimes go by nicknames but legal documents use their full name. Women may have cases under maiden names or married names.

If you know the case number, use it. Case numbers follow a standard format. Probate cases use specific prefixes. Enter the full number including all letters and zeros. This gives you exact results instantly.

The online system may not include very old cases. Records from before the 1990s might exist only on paper. Contact the clerk office to search archived files. They can retrieve old cases but it takes time. Make an appointment and explain what you need.

Some estates never go through probate. Small estates use simplified procedures that do not create court files. Assets with named beneficiaries transfer automatically. Living trusts avoid probate completely. If you cannot find a case, it might not exist.