San Benito Probate Court Records

San Benito County files probate cases at the Superior Court in Hollister. The courthouse stands at 450 Fourth Street. All estate matters for this small agricultural county go through this one location. The probate division handles wills, trusts, conservatorships, and guardianships. You can file papers in person at the clerk window or use the electronic filing system. Court hours run 8:00 AM to 3:30 PM on weekdays. Call 831-636-4057 for questions about case status or filing procedures. Online case search is available but may have limited historical records.

San Benito Superior Court

The probate division operates out of the main courthouse in downtown Hollister. The building serves all court functions for the county. Probate cases share space with civil, criminal, and family law matters. Clerk staff can direct you to the right department.

Court hours run from 8:00 AM to 3:30 PM. The window closes at 3:30 sharp. Arrive early if you need to file documents on a deadline. The clerk office handles questions and accepts filings during these hours. Phone calls are answered when staff is available between assisting in-person visitors.

Visit sanbenito.courts.ca.gov for local information. The website has details about filing procedures and required forms. You can find the local rules that supplement statewide requirements. Contact information for court staff is listed on the site.

San Benito County offers electronic filing through the eCourt system. The portal is at prod-efsp-sanbenito-ca.ecourt.com. Register for an account to file documents online. This saves a trip to Hollister if you live elsewhere. E-filing is available 24 hours a day. Documents filed electronically usually process faster than paper filings.

Parking near the courthouse is available on the street. Hollister is a small town so finding a spot is usually not difficult. Check posted signs for time limits and restrictions. The courthouse does not have a dedicated parking lot for public use.

Filing a Probate Case

To start probate, file form DE-111, the Petition for Probate. Attach a certified death certificate. Include the original will if one exists. If there is no will, check the intestate box on the petition.

The filing fee is $435. Pay at the clerk window with cash, check, or money order. Make checks payable to San Benito Superior Court. Some courts accept credit cards but verify this before you go. Keep your receipt as proof of payment.

After filing, the court sets a hearing date. This happens four to six weeks out in most cases. You must publish notice in a local newspaper. Hollister has newspapers that qualify for legal notices. The clerk can tell you which ones the court accepts. Proof of publication must be filed before your hearing.

Mail notice to all heirs and beneficiaries. Use the form for Notice of Petition to Administer Estate. File proof of mailing at least 15 days before the hearing date. The court checks that you gave proper notice before proceeding with the case.

Attend your hearing with photo ID. The judge reviews your petition and asks questions. If everything is in order, the judge signs an order appointing you as estate representative. You receive Letters of Administration or Letters Testamentary. Get certified copies from the clerk. You need these to access bank accounts and other estate assets.

Note: San Benito County requires an Inventory and Appraisal within four months of your appointment. Hire a probate referee to value estate property. The referee fee is one-tenth of one percent of the appraised value.

Small Estate Procedures

If the estate is worth less than $208,850, you may qualify for simplified probate. This threshold applies to assets that would normally go through probate. Do not count life insurance with named beneficiaries. Do not count retirement accounts with beneficiary designations.

For personal property under the limit, use form DE-310. This affidavit lets you collect assets without court supervision. Wait 40 days after the death. Then present the affidavit to banks or other holders of property. They must release the assets to you.

Real property in small estates uses a different procedure. File form DE-305 with the court. This process is faster than full probate. You skip many steps and avoid ongoing court supervision. The filing fee is lower than regular probate.

Calculate the estate value carefully. Include all bank accounts, vehicles, personal items, and real estate. Get current values for everything. If you use small estate procedures when the estate exceeds the limit, you can face legal challenges from creditors or heirs.

Legal Assistance Options

San Benito County has limited local legal aid. The nearest legal services office is in Salinas. California Rural Legal Assistance may help with probate matters. Call their intake line to see if you qualify based on income.

The State Bar of California runs a lawyer referral service. Call 866-442-2529 to get names of attorneys who handle probate cases. Many lawyers offer a free or reduced-fee initial consultation. This lets you discuss your case and learn what hiring an attorney will cost.

Senior citizens can use the Senior Legal Hotline at 800-222-1753. This free service provides advice on wills, trusts, and probate. Volunteer attorneys staff the line during weekday business hours. The service is free for Californians age 60 and older regardless of income.

The California Courts Self-Help Center at selfhelp.courts.ca.gov offers online guides and videos. You can learn how to fill out probate forms and understand court procedures. The site covers common probate tasks from filing petitions to closing estates.

Neighboring Counties

If your probate case is in a nearby county, check these pages: Santa Clara County, Monterey County, Merced County, and Fresno County.