Santa Cruz County Probate Records

Probate court filings in Santa Cruz County are handled at the Superior Court located at 701 Ocean Street in downtown Santa Cruz. The probate division processes estate administration cases, will filings, conservatorships, and guardianship matters. Public records are available for review both online and in person. The court maintains an electronic portal where you can search cases by name or case number. Walk-in service is available during business hours for those who prefer to search records in person or file new documents at the clerk window.

Superior Court Probate Division

The courthouse is at 701 Ocean Street in Santa Cruz. Probate filings are accepted in Room 110. The main phone number is 831-420-2200. Staff can answer basic questions about filing procedures and case status.

Hours are standard for county court operations. The clerk window is open during regular business days. You can file documents in person or by mail. Some filings can be done electronically if you register for the online system.

Parking near the courthouse is limited. Use the nearby public lot or street parking. Bring quarters for meters. The courthouse is also accessible by Santa Cruz Metro bus routes. Check current routes and schedules before your visit.

The county court website is santacruz.courts.ca.gov. It has detailed information about local rules and procedures. Each California county uses the same statewide forms but may have different local requirements for notice, publication, and hearings.

Search Probate Cases Online

Santa Cruz County provides online case access through its portal at portal.santacruzcourt.org. You can search by the name of the person who died or by case number. Results show basic case information and a list of filed documents.

Many court documents can be viewed for free through the portal. Some require a small fee to download or print. Certified copies cannot be obtained online. Request those from the clerk office in person or by mail.

The portal shows hearing dates and tentative rulings. Judges often post tentative rulings the day before a hearing. Check the portal to see if your case has a tentative ruling. If you disagree with a tentative, you must appear at the hearing to argue your position.

For cases not available online, call the clerk office. Older records may be archived offsite. Staff can retrieve archived files but it takes extra time, usually one to two weeks. The California State Archives also holds historical probate records from Santa Cruz County dating back to the 1800s.

How to File a Probate Petition

Get a certified copy of the death certificate first. Order from the county where death occurred. If death was in Santa Cruz County, contact the county health department. Cost is about $28 per copy.

Fill out form DE-111. This is the Petition for Probate. Attach the death certificate. If there is a will, bring the original. Copies of wills are not accepted. The court keeps the original will.

Take your documents to Room 110 at the courthouse. Pay the $435 filing fee. The clerk stamps your petition and gives you a hearing date. Hearings are usually scheduled six to eight weeks out.

You must publish notice of the hearing in a newspaper. Santa Cruz County requires publication in a paper circulated where the person lived. Do this at least fifteen days before the hearing. Get an affidavit of publication from the newspaper and file it with the court.

Mail notice to all heirs and anyone named in the will. Use certified mail with return receipt. Keep all receipts. File proof of mailing before the hearing. The court checks that you properly noticed everyone before approving your petition.

Probate Hearings

At the first hearing, the judge reviews your petition. If no one objects and your paperwork is in order, the judge signs an Order for Probate. You then get Letters of Administration or Letters Testamentary. These give you legal authority to manage the estate.

Take certified copies of the Letters to banks and other places that hold estate assets. They need to see the Letters before releasing anything to you. Certified copy fees are $40 plus fifty cents per page. Order several copies at once to save trips to the courthouse.

After getting Letters, you have four months to file an Inventory and Appraisal. This lists all estate assets and their values. A probate referee appointed by the court values the property. The referee charges a fee based on the estate value.

During administration, file accountings showing money received and spent. When ready to close the estate, file a Petition for Final Distribution. This costs another $435. The judge holds a final hearing, reviews your accounting, and approves distribution to heirs.

Note: Most probate cases in Santa Cruz County take nine to eighteen months from start to finish. Simple estates may complete in six months. Complex estates with disputes can take two years or more.

Small Estate Procedures

If the total estate is less than $208,850, you can use a small estate affidavit. No court filing is needed. Fill out form DE-310 and take it to whoever holds the assets. Wait 40 days after death before using this procedure.

Banks and other institutions must release assets if your affidavit is properly completed. This saves time and money compared to full probate. There is no filing fee and no court hearing.

Real property worth less than $70,200 can be transferred with form DE-305. This does require a court filing and the $435 fee, but the process is simpler than regular probate. One hearing is usually enough to get a court order transferring the property.

Surviving spouses have special options. Form DE-221 is a Spousal Property Petition. Use this for community property or for separate property left to the spouse. The fee is $435. Most spousal petitions are approved quickly, often at the first hearing.

The small estate limit changes every three years. The current limit of $208,850 is effective from April 1, 2025 through March 31, 2028. After that, the limit will increase based on inflation.

Getting Help with Probate

The court self-help center provides free assistance with forms. Staff can explain what each form requires and how to fill it out. They cannot give legal advice or tell you what to do in your case. No appointment is needed. Walk in during business hours.

Legal aid organizations in Santa Cruz County include:

• Legal Aid of Santa Cruz County: 831-479-7766
• Senior Citizens Legal Services: 831-423-2444
• California Rural Legal Assistance: 800-337-0690

These groups help people who meet income limits. Services include legal advice, help with forms, and sometimes representation in court. Most focus on seniors and low-income families.

Private attorneys charge hourly rates or use statutory fees. California law sets maximum fees based on estate value. For a $400,000 estate, the statutory fee is $11,000. For a $600,000 estate, it is $15,000. Many attorneys charge the maximum allowed by law.

You can handle probate yourself if the estate is straightforward. Many people do this successfully. The court website has guides and videos explaining each step. Using the self-help center can answer most questions that come up during the process.

Required Forms

All California probate forms are at courts.ca.gov. Forms are free to download. Fill them out on your computer or print and complete by hand in blue or black ink.

The main forms are in the DE series. DE-111 starts the probate. DE-140 is the order the judge signs at the first hearing. DE-150 is the Letters giving you authority. DE-160 is the Inventory and Appraisal. DE-295 closes the estate.

Check the Santa Cruz County court website for any local forms. Some counties have additional local requirements. Using the correct local forms prevents delays in your case.

Related County Services

Death certificates are issued by the Santa Cruz County Health Services Agency. Order online, by mail, or in person. Only certain people can request death certificates: family members, legal representatives, and others with a direct interest.

If the estate includes real estate, you need to record documents with the county recorder after the judge signs the final order. Recording fees vary based on document length. The recorder office is in the same building as the courthouse.

Property taxes continue during probate. Pay them on time to avoid penalties and interest. Contact the county assessor if you have questions about property tax during estate administration.

Cities in Santa Cruz County

Santa Cruz County does not have any cities with populations over 100,000. The largest cities are Santa Cruz, Watsonville, and Scotts Valley. All probate cases from these cities are filed at the county courthouse in Santa Cruz.

Smaller communities include Capitola, Live Oak, Soquel, Aptos, and Boulder Creek. No city operates its own probate court. All cases go through the county Superior Court system.

Nearby Counties

For probate cases in neighboring counties, see: Santa Clara County, San Mateo County, Monterey County, and San Benito County.