Stanislaus County Probate Records

Probate court records in Stanislaus County are maintained at the Superior Court in Modesto at 801 10th Street on the fourth floor. The court handles estate administration, will filings, conservatorships, and guardianships for county residents. Call the probate line at 209-530-3100 and select option 6 followed by option 4 to reach probate staff. You can also email questions to probate.examiner@stanct.org for assistance with filing procedures and case information. An online case portal is available at stanportal.stanct.org where you can search cases, view documents, and check hearing schedules without visiting the courthouse in person.

Stanislaus Superior Court Probate

The courthouse is at 801 10th Street in Modesto. Probate filings are handled on the fourth floor. Park in nearby public lots or use street parking. The courthouse is accessible by Modesto Area Express bus routes.

For probate questions, call 209-530-3100 and press option 6, then option 4. This reaches probate division staff. They can help with basic procedural questions and case status. For detailed questions about your specific case, email probate.examiner@stanct.org. Include your case number if you have one.

The court website at stanislaus.courts.ca.gov has information about filing procedures and local rules. Check the site before filing to understand current requirements. Each California county uses statewide Judicial Council forms but may have local rules about notice and hearings.

Stanislaus County operates an online case portal at stanportal.stanct.org. Use it to search cases by name or case number. The portal shows case status, filed documents, and hearing dates. Many documents can be viewed for free.

Search Cases Online

Go to stanportal.stanct.org to search probate cases. Enter the last name of the person who died or the case number. The system returns matching cases. Click on a case to see details.

The case detail page shows a register of actions. This lists all documents filed and all court orders. Click on documents to view them. Some are available at no charge. Others require a fee to download. Certified copies cannot be obtained online and must be requested from the clerk office.

You can also check hearing dates and tentative rulings through the portal. Judges post tentative rulings before hearings. If you agree with the tentative, you may not need to appear. If you disagree, you must appear and state your objection.

For older cases not available online, contact the clerk office. Historical records may be archived offsite. Retrieval can take one to two weeks. The California State Archives also maintains Stanislaus County probate records dating back to the 1800s.

Starting a Probate Case

Get a certified copy of the death certificate from the county where death occurred. For Stanislaus County deaths, order from the county health department. Cost is typically $28 for the first copy and $14 for each additional copy.

Fill out form DE-111, Petition for Probate. Download it free from courts.ca.gov. Attach the certified death certificate. If there is a will, bring the original. The court keeps the original will. Copies are not accepted.

Take your documents to the fourth floor of the courthouse at 801 10th Street. Pay the $435 filing fee at the clerk window. Payment methods include cash, check, money order, and credit cards. The clerk stamps your petition and assigns a hearing date.

The hearing is usually six to eight weeks out. You must publish notice in a local newspaper before the hearing. Stanislaus County requires publication in a paper of general circulation where the person lived. The Modesto Bee is commonly used for Modesto area decedents. Publish at least fifteen days before the hearing.

Mail notice to all heirs and beneficiaries named in the will. Use certified mail with return receipt. Keep all receipts. File proof of publication and proof of mailing with the court before the hearing date. The probate examiner checks all proofs. Missing proofs will cause a continuance.

Managing the Estate

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

Get certified copies of the Letters. Cost is $40 for certification plus fifty cents per page. Take certified copies to banks, brokerages, and anyone holding estate property. They need to see the Letters before releasing assets to you.

File an Inventory and Appraisal within four months using form DE-160. A probate referee appointed by the state values estate assets. The referee charges a fee based on asset value, usually between $500 and $2,000. Contact the clerk for referee information for Stanislaus County.

During administration, file accountings showing all money received and spent. Keep detailed records and receipts. When ready to close the estate, file a Petition for Final Distribution on form DE-295. The filing fee is another $435.

The judge holds a final hearing to review your accounting. If approved, the judge signs an order allowing distribution to heirs. After you distribute assets and file receipts, the estate is closed.

Note: Most estates take nine to eighteen months. Simple estates may complete in six months. Complex estates with disputes can take two years or more.

Small Estate Procedures

Estates worth less than $208,850 can use simplified procedures. Form DE-310 is for personal property. No court filing is needed. Wait 40 days after death, complete the affidavit, and present it to whoever holds the assets. Banks and other institutions must release property when shown a valid affidavit.

Real property valued under $70,200 can be transferred with form DE-305. This requires a court filing and the $435 fee, but the process is simpler than full probate. One hearing is usually enough to get an order transferring the property to heirs.

Surviving spouses can use form DE-221, the Spousal Property Petition. This works for community property and for separate property left to the spouse. The fee is $435. Most spousal petitions are approved at the first hearing.

Small estate procedures save time and money. They avoid the complexity and expense of full probate administration. Check if your estate qualifies before starting regular probate.

The small estate limit of $208,850 is effective from April 1, 2025 through March 31, 2028. The limit adjusts every three years. The next adjustment will be on April 1, 2028.

Legal Assistance

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

Legal aid organizations serving Stanislaus County include:

• Central California Legal Services: 209-521-7455
• Legal Services of Northern California: 209-577-0117
• Senior Legal Services: 209-577-5200

These groups provide free help to people who meet income requirements. Services include phone advice, help with forms, and sometimes court representation. Most prioritize seniors and low-income families.

Private probate attorneys charge hourly rates or use statutory fees. California law sets maximum fees based on estate value. For a $500,000 estate, the statutory fee is $13,000. For a $700,000 estate, the fee is $17,000. Many attorneys charge these statutory maximums.

You can handle probate yourself if the estate is straightforward. Many people do this and save thousands in attorney fees. Use the self-help center and online resources to guide you through the process.

Probate Forms

Download all California probate forms free at courts.ca.gov. Fill them out on your computer or print and complete by hand in blue or black ink.

Key forms include DE-111 to start probate, DE-140 for the court order, DE-150 for Letters, DE-160 for the Inventory and Appraisal, and DE-295 to close the estate. Each form has instructions explaining how to complete it.

Check the Stanislaus County court website for any local forms or requirements. Some counties have additional local rules beyond the statewide Judicial Council forms.

Additional County Services

Death certificates for Stanislaus County deaths are issued by the county health department. Order online, by mail, or in person. Only certain people can request death certificates: family members, legal representatives, and others with a direct and tangible interest.

If the estate includes real estate, work with the county recorder to transfer title after the judge signs the final distribution order. Record the court order and any required deeds. Recording fees vary based on the number of pages in your documents.

Property taxes continue during probate. Pay them on time to avoid penalties. Contact the Stanislaus County Assessor if you have questions about property tax during estate administration.

Cities in Stanislaus County

Stanislaus County includes the cities of Modesto and Tracy, both with populations over 100,000. All probate cases for residents of these cities are filed at the county courthouse in Modesto.

Other cities in the county include Turlock, Ceres, Riverbank, Patterson, Oakdale, Newman, and Waterford. No city operates its own probate court. All cases go through Stanislaus County Superior Court.

Nearby Counties

For probate cases in neighboring counties, see: San Joaquin County, Merced County, Tuolumne County, Santa Clara County, and Alameda County.