Modoc County Probate Court Records

The Superior Court of Modoc County handles all probate matters for this northeastern California county. Court operations are based in Alturas at 205 South East Street. Probate cases, including estate administration, conservatorships, and guardianships, get filed here. The clerk office is open Monday through Friday from 8:30 AM to 3 PM. You can call 530-233-6516 for information about filing procedures and case status. Modoc County is one of California's least populated counties, so probate volume is low compared to urban areas. Staff can often provide more individualized assistance due to the smaller caseload.

Modoc Superior Court

The courthouse in Alturas is the only court location for Modoc County. All probate filings go through this facility. The building houses multiple court departments and the clerk office. Probate matters are handled along with other civil cases by the same judicial officers and staff.

Court hours are 8:30 AM to 3 PM on weekdays. The court closes for lunch from noon to 1 PM most days. Call ahead at 530-233-6516 if you plan to visit to make sure the office is open. Staff can answer questions about forms, filing procedures, and hearing schedules.

The Modoc County court website at modoc.courts.ca.gov provides basic information about the probate division. The site includes contact information and directions to the courthouse. Most forms are available through the statewide California Courts website.

Parking is generally available near the courthouse. Alturas is a small town so finding parking is typically not difficult. Street parking and a public lot serve courthouse visitors. Security screening is required at the courthouse entrance.

Filing Probate in Modoc County

Start a probate case by filing form DE-111 Petition for Probate. Attach a certified death certificate. If a will exists, bring the original to file with the court. The filing fee is $435. Pay with cash, check, or money order made out to Superior Court of California.

After you file, the clerk assigns a case number and schedules a hearing date. The hearing is usually set six to eight weeks from the filing date. You must publish notice in a local newspaper. The Modoc County Record is the newspaper of general circulation for this purpose. Publish once weekly for three consecutive weeks. Also mail notice to all heirs and beneficiaries named in the will or identified under intestate succession laws.

File proof of publication and proof of mailing with the court before your hearing. The newspaper will provide an affidavit of publication. You create the proof of mailing by listing everyone who received notice and signing under penalty of perjury. Clerk staff can show you examples of acceptable proof documents.

At the hearing, the judge reviews your petition and supporting documents. If everything is in order, the judge issues an Order for Probate and Letters. These Letters authorize you to manage estate assets. You then file an Inventory and Appraisal within four months. This lists all property owned by the decedent and values each item.

Some assets require appraisal by a court-appointed probate referee. The court maintains a list of approved referees. They charge fees based on the value of assets appraised. Their report becomes part of your Inventory and Appraisal filing.

Accessing Probate Records

Modoc County does not provide online case search for probate records. Contact the clerk office directly at 530-233-6516 to inquire about case status. You can also visit in person during business hours to review court files.

Probate files are public records unless sealed by court order. Request to view files at the clerk window. Staff will retrieve the file for you. You can review documents at the courthouse but cannot remove files from the building. Take notes or request copies of specific documents.

Copy fees are $0.50 per page for regular copies. Certified copies cost $40 for the first page plus $0.50 for each additional page. Submit a written request specifying which documents you need. Include the case number and party names. Provide payment or ask for a fee estimate.

To request copies by mail, write to Superior Court of California, County of Modoc, 205 South East Street, Alturas, CA 96101. Include as much information as possible about the case. Processing time for mail requests is typically one to two weeks depending on the complexity of the request.

Help with Probate Cases

Modoc County does not operate a self-help center due to its small size. However, clerk staff can provide procedural information about court processes. They can tell you what forms to file and explain basic rules. They cannot give legal advice specific to your case.

The California Courts Self-Help Center at selfhelp.courts.ca.gov offers comprehensive probate resources. This statewide site includes video tutorials, step by step guides, and form instructions. Live chat support is available during business hours to answer procedural questions.

Legal Services of Northern California serves Modoc County and may assist eligible low income residents with probate matters. Contact their office to determine if you qualify for free legal help. They can provide advice and representation in some cases.

For personalized legal advice, consult a private probate attorney. The State Bar of California operates a lawyer referral service. Call to get names of attorneys practicing in Modoc County or nearby areas. Many attorneys offer initial consultations to discuss your case and explain fees.

Small Estate Alternatives

If the estate is valued at $208,850 or less, you may not need full probate. California provides simplified small estate procedures. These are faster and less expensive than regular probate administration.

Use form DE-305 Affidavit for Collection or Transfer of Personal Property for bank accounts, stocks, vehicles, and other personal property. Present this affidavit to institutions holding estate assets. They will release the property to you without a court order. Wait at least 40 days after death before using this procedure.

For real property valued at $70,000 or less, use form DE-310 Affidavit Re Real Property of Small Value. File this with the court and pay a filing fee. The court reviews it and issues an order. Record the order with the county recorder to transfer title. This avoids full probate but still requires court involvement.

The $208,850 threshold applies to deaths on or after April 1, 2025. Earlier deaths have different limits. Check the date of death to determine which threshold applies. If the estate value is close to the limit, consult an attorney about which procedure to use.

Note: Small estate procedures only work when there are no complications. Disputes among heirs, significant debts, or unusual assets may require full probate even if the estate value is under the threshold.

Nearby County Courts

If you need probate services in counties adjacent to Modoc, visit these pages: Siskiyou County, Shasta County, and Lassen County.