Santa Barbara County Probate Court

Probate court records in Santa Barbara County include wills, estate administration cases, conservatorships, and guardianship matters. The county operates two probate filing locations: one at the main courthouse in Santa Barbara and another at the branch court in Santa Maria. Both locations accept new probate filings and provide public access to court records. You can search cases online through the county system or visit either location during regular business hours. Estate cases are filed where the person who died lived at the time of death, or where they owned property if they lived outside California.

Filing Locations and Hours

The Santa Barbara courthouse is at 1100 Anacapa Street in downtown Santa Barbara. The phone number for probate questions is 805-882-4520. The Santa Maria branch court is at 312 East Cook Street in Santa Maria. Phone that location at 805-614-6414.

Both locations are open during normal business hours. Walk-in service is available at either court. Most people file at the location closest to where they live, but you can use either one. After you file, your case is assigned to a judge who hears probate matters. Hearings may be scheduled at either courthouse depending on which judge gets your case.

For questions about probate procedures or case status, email the probate examiner at ProbateExaminer@sbcourts.org. The examiner reviews all filings before they go to the judge. This person can tell you if your documents have errors that need to be fixed. Phone calls and emails usually get a response within two business days.

The county court website is santabarbara.courts.ca.gov and has details on local rules. Each county in California uses the same statewide forms from the Judicial Council, but local procedures can vary. Santa Barbara County has some specific requirements about notice and publication that differ from other counties. Check the website for current local rules before filing.

Starting a Probate Case

File form DE-111 to start a probate. This is called a Petition for Probate. The fee is $435. You need a certified copy of the death certificate from the county where the person died. If there is a will, bring the original to court. Copies are not accepted for wills.

The clerk stamps your petition and gives you a hearing date. The date is six to eight weeks out. You must publish notice in a newspaper before the hearing. Santa Barbara County requires publication in the newspaper nearest to where the person lived. Proof of publication must be filed at least five days before the hearing date.

You also mail notice to all heirs and people named in the will. Use certified mail and keep the return receipts. File proof of mailing with the court. The probate examiner checks all your proofs before the hearing to make sure you did it right.

At the hearing, the judge asks if anyone objects. If no one shows up to object, and your paperwork is correct, the judge signs the order. You get Letters of Administration that give you authority to act for the estate. Take certified copies of the letters to banks and other places that hold estate assets. The standard fee for certified copies is $40 plus fifty cents per page.

Online Case Access

Santa Barbara County does not currently offer public online case search for probate records. You must call the clerk office or visit in person to check case status. Staff can look up cases by the name of the person who died or by case number if you have it.

Some counties in California have online portals where you can search cases and view documents. Santa Barbara County has not yet implemented this system for probate cases. The court is working on adding online access but no timeline has been announced.

For now, get case information by phone or in person. The clerk can tell you basic information like whether a case exists, who the administrator is, and when hearings are scheduled. For copies of documents, you need to visit the courthouse and request them at the counter. Copy fees are fifty cents per page.

Alternatives to Full Probate

Not all estates need formal probate. If the person who died owned less than $208,850 in total assets (as of April 2025), you can use a small estate affidavit. This is form DE-310. There is no court filing and no fee.

Wait 40 days after the death. Fill out the affidavit with details about the assets and who should inherit them. Take it to the bank or other place holding the assets. They must release the property to you if the affidavit is properly completed.

Real property valued under $70,200 can be transferred using form DE-305. This does require a court filing but it is simpler than full probate. The fee is $435, the same as regular probate, but the process is faster. The court issues an order transferring the property to the heirs without appointing an administrator.

Community property going to a surviving spouse may not need probate at all. Form DE-221 is a Spousal Property Petition. It works for both community property and separate property left to the spouse. The filing fee is $435. One hearing is usually all that is required. This is much faster than standard probate.

Note: Small estate limits change every three years. The current limit of $208,850 took effect on April 1, 2025, and runs through March 31, 2028.

Legal Assistance

The court self-help center can help you fill out forms. Staff cannot give legal advice or tell you what to do in your case. They can explain what each form is for and how to complete it. The self-help center is free to use.

Several legal aid groups serve Santa Barbara County. These organizations provide free or low-cost help to people who qualify based on income:

• Legal Aid Foundation of Santa Barbara: 805-963-6754
• California Rural Legal Assistance: 800-337-0690
• Senior Resource Services: 805-568-6235

Private probate attorneys charge by the hour or use statutory fees set by California law. Statutory fees are based on the value of the estate. For a $500,000 estate, the attorney fee would be $13,000. For a $1 million estate, the fee is $23,000. These are maximums set by statute. Some attorneys charge less.

The Santa Barbara County Bar Association has a lawyer referral service. Call them to get names of probate lawyers. Many attorneys offer a free first meeting to discuss your case and quote fees.

Required Forms

All California probate forms are available at courts.ca.gov. The forms are free to download. You can fill them out on your computer or print them and write by hand.

The most common forms are in the DE series. DE stands for decedent estate. Form DE-111 starts the case. Form DE-140 is the order the judge signs. Form DE-150 is the Letters you need to access estate assets. Form DE-160 is the Inventory and Appraisal listing all property.

During the case, you file accountings showing money in and money out. When ready to close, file form DE-295, the Petition for Final Distribution. The judge holds a final hearing, reviews the accounting, and signs an order closing the estate. After that, you distribute assets to heirs and your job is done.

Related Services

Death certificates are obtained from the California Department of Public Health. The Santa Barbara County Clerk-Recorder also issues certified copies if the death occurred in Santa Barbara County. Cost is $28 for the first copy and $14 for each additional copy ordered at the same time.

If the estate includes real property, you may need to work with the county recorder office. Transfer documents must be recorded after the judge signs the final distribution order. Recording fees vary based on the number of pages.

Estate tax returns are filed with the IRS if the estate exceeds federal limits. California does not have a state estate tax. Most estates do not owe federal estate tax either, but a return may still be required if assets exceed the threshold. Consult a tax professional for estates over $13 million.

Cities in Santa Barbara County

Santa Barbara County includes the city of Santa Maria, which has a population over 100,000. All probate filings for Santa Maria residents are made at the Santa Barbara County Superior Court.

Other cities in the county include Santa Barbara, Lompoc, Carpinteria, Goleta, Buellton, and Solvang. None of these cities operate their own probate courts. All cases go through county Superior Court.

Nearby Counties

For probate matters in neighboring counties, see: Ventura County, San Luis Obispo County, and Kern County.