San Jose Probate Records

Probate cases for San Jose residents go through Santa Clara County Superior Court. The city of San Jose does not operate its own probate court. All estate cases, wills, conservatorships, and guardianships are filed with the county court system. The probate division is located downtown at 191 North 1st Street in San Jose. This court processes cases for anyone who lived in San Jose or anywhere else in Santa Clara County when they passed away. It also handles estates when the deceased owned property in the county. The county Superior Court is the only legal venue for all probate proceedings involving San Jose residents and their estates.

Santa Clara County Superior Court

Probate is a county function under California law. Cities do not have authority over these matters. Santa Clara County Superior Court handles all probate filings for San Jose and every other city in the county.

The courthouse is downtown at 191 North 1st Street. Phone number is 408-882-2900. Email questions to ssprobinfo@scscourt.org. The probate clerk office operates by appointment only. Hours are Monday through Thursday 8:30 AM to 1:30 PM, and Friday 8:30 AM to noon.

Santa Clara County uses an online case portal. Visit portal.scscourt.org to search cases. Enter a name or case number. The portal shows filed documents, hearing dates, and court orders. Public access does not require creating an account.

The county allows electronic filing for probate documents. You can file online, by appointment in person, or by mail. Most attorneys use the e-filing system. Self-represented parties often prefer in-person filing with clerk assistance.

Opening an Estate Case

Start by getting form DE-111, the Petition for Probate. Download it from courts.ca.gov. Fill out all required fields with information about the deceased, their assets, and the person who will serve as executor or administrator.

Gather a certified death certificate. If a will exists, obtain the original document. Make an appointment to file these papers at the courthouse. Pay the $435 filing fee by check, money order, or credit card. Cash is not accepted.

The clerk assigns a case number and schedules a hearing. Hearings typically occur six to eight weeks after filing. You must publish notice of the hearing in a local newspaper. The San Jose Post-Record or Mercury News are commonly used. Mail notice to all heirs and beneficiaries named in the will or entitled under law. File proof of publication and mailing before your hearing date.

Attend the hearing at the assigned time. Bring photo ID. The judge reviews your petition and supporting documents. If everything is in order, the judge issues an Order for Probate and Letters. The letters authorize you to act on behalf of the estate. You can then access bank accounts, sell property, pay debts, and handle other estate business.

Within four months, file an Inventory and Appraisal using form DE-160. List all estate assets with their values. A court-appointed referee appraises certain types of property. When the estate is ready to close, file a final accounting and petition for distribution. This requires another $435 fee and another hearing.

Legal Help for San Jose Residents

The Santa Clara County Law Library is at 360 North 1st Street, near the courthouse. The library stocks probate forms, legal guides, and research materials. Library staff help you find resources but cannot give legal advice about your case.

Free and low-cost legal help is available through:

• Senior Adults Legal Assistance at 408-295-5991 for people over 60
• Law Foundation of Silicon Valley at 408-280-2424 for low-income residents
• Legal Aid Society of Santa Clara County
• Santa Clara County Bar Association Lawyer Referral at 408-287-2557

The courthouse has a self-help center with trained staff who answer questions about procedures and help with forms. They cannot represent you in court or advise about case strategy. Services are available by appointment during office hours.

Note: Estates worth less than $208,850 may qualify for simplified procedures instead of full probate. Review form DE-300 to check the current threshold, which adjusts every three years. For qualifying estates, use form DE-310 for personal property or DE-305 for real estate. These procedures avoid court hearings and save time.

Obtaining Death Certificates

Certified death certificates are required for probate filings. Order them from the Santa Clara County Public Health Department or the California Department of Public Health. The county office handles recent deaths faster.

The Santa Clara County Clerk-Recorder is at 70 West Hedding Street. Call 408-299-5688 for information. Online ordering is available through the county website. Certified copies cost about $28. Processing takes one to two weeks for mail orders. In-person service is faster.

For state orders, write to California Vital Records, P.O. Box 997410, Sacramento CA 95899-7410. Phone 916-445-2684. State processing takes longer, typically three to four weeks. Online ordering available at cdph.ca.gov.

Other Santa Clara County Cities

Other large cities in Santa Clara County include Sunnyvale, Santa Clara, and nearby smaller cities. All use the same probate court at 191 North 1st Street in San Jose.

Adjacent counties are Alameda County, San Mateo County, Stanislaus County, Merced County, and Santa Cruz County.

Searching for Probate Cases

Use the online portal to search by last name. If you get no results, try just the last name without first name. Some records use middle initials while others spell out middle names. Women may appear under maiden names or married names.

If you have a case number from court papers, enter it exactly with all letters and numbers. The system is format-sensitive and may not find cases if you omit parts of the case number.

The online database includes cases from recent decades. Older probate records may exist only in paper form in courthouse archives. Contact the clerk office for searches of old files. Retrieval can take several weeks.

Not every death creates a probate case. Small estates use simplified procedures that generate no court file. Assets with beneficiaries pass outside probate. Living trusts avoid probate entirely. If you cannot find a case, one may not exist.