Sunnyvale Probate Records

Probate cases for Sunnyvale residents go through Santa Clara County Superior Court. The city of Sunnyvale does not operate its own probate court or handle estate matters. All probate proceedings, including estate administration, will validation, conservatorships, and guardianships, are filed with the county court system. The probate division is located in San Jose at 191 North 1st Street. This court processes all cases for people who lived in Sunnyvale or anywhere else in Santa Clara County when they died. It also handles estates when the deceased owned property in the county, regardless of where they resided. The county Superior Court has exclusive jurisdiction over all probate matters involving Sunnyvale residents and their estates.

Santa Clara County Probate Court

California assigns probate to county courts. Cities have no jurisdiction. Santa Clara County Superior Court processes all probate filings for Sunnyvale residents and everyone else in the county.

The courthouse is in San Jose at 191 North 1st Street. Phone 408-882-2900 for information. Email ssprobinfo@scscourt.org with questions. The probate division 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 provides online case access. Visit portal.scscourt.org to search cases. Enter a name or case number. The portal shows filed documents, hearing dates, and court orders. You can view public information without creating an account.

Electronic filing is available for probate documents. You can file online, by appointment in person, or by mail. Most attorneys use e-filing. Self-represented people often prefer in-person appointments where clerk staff can answer questions.

Opening Probate Cases

Start with form DE-111, the Petition for Probate. Download it from the California Courts website. Complete all sections. Include details about the deceased, their assets, and who will serve as executor or administrator.

You need a certified death certificate. If a will exists, get the original. Schedule an appointment to file at the San Jose courthouse. Bring your petition, death certificate, and will. Pay $435 when you file. The court accepts checks, money orders, and credit cards. Cash is not accepted.

The clerk assigns a case number and schedules a hearing about six to eight weeks out. You must publish notice in a local newspaper. The San Jose Post-Record is commonly used. Mail notice to all heirs and beneficiaries. File proof of publication and mailing before your hearing.

Go to the hearing at the assigned time. Bring photo ID. The judge reviews your petition and supporting papers. If approved, you receive an Order for Probate and Letters. These authorize you to manage estate assets, pay creditors, and distribute property to heirs.

Within four months of receiving letters, file an Inventory and Appraisal using form DE-160. List all estate assets and their values. When the estate is ready to close, file a final accounting and petition for distribution.

Getting Legal Help

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

Free and low-cost legal assistance is available through:

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

The court operates a self-help center with staff who answer procedural questions and help complete forms. They cannot represent you or give legal advice about your case. Services are available by appointment.

Note: Estates worth less than $208,850 may use simplified procedures instead of full probate. Check form DE-300 for current thresholds. For personal property, use form DE-310. For real estate, use form DE-305. These procedures avoid court hearings and save time.

Death Certificates

Certified death certificates are required to file probate. Get them from the Santa Clara County Clerk-Recorder or the California Department of Public Health. The county office processes recent deaths faster.

The county office is at 70 West Hedding Street in San Jose. Call 408-299-5688 for information. Online ordering is available through the county website. Certified copies cost about $28 each. Processing takes one to two weeks for mail orders.

The state office in Sacramento handles all California deaths. Mail requests to P.O. Box 997410, Sacramento CA 95899-7410. Phone 916-445-2684. Online ordering at cdph.ca.gov. State processing takes three to four weeks.

Other Santa Clara County Cities

San Jose and Santa Clara are other large cities in Santa Clara County. All county residents use the same probate court in San Jose.

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

Searching for Cases

When using the online portal, try searching by last name only. Then add first name to narrow results. Some records use middle initials while others spell out middle names. Women may be listed under married names or maiden names.

If you have a case number, enter it exactly as shown on documents. Include all letters, numbers, and formatting. The system is sensitive to exact case number format.

The online database includes cases from recent decades. Older probate files may exist only on paper. Contact the clerk office to request searches of archived records. Retrieval can take several weeks.

Not every death creates a probate case. Small estates use simplified procedures that don't generate court files. Assets with beneficiaries pass outside probate. Living trusts avoid probate. If no case appears, one may not exist.