Local & County Court Guides

Probate in the San Francisco Bay Area

By Grant A. Toeppen

Probate in the Bay Area is filed in the Superior Court of the county where the deceased person lived — San Francisco, Alameda, Santa Clara, San Mateo, Contra Costa, Marin, and the surrounding counties each have their own Superior Court. The governing law is the same statewide California probate law explained throughout this knowledge base. What changes from county to county is the local practice — and, as everywhere in California, you don't need to live in the Bay Area to handle the estate.

Each county has its own court

There is no single "Bay Area probate court." A San Francisco estate is filed in the Superior Court of California, County of San Francisco; an Oakland-area estate in Alameda County; a San Jose-area estate in Santa Clara County; and so on. The right court is determined by the county where the decedent was domiciled.

Probate is heard in each county's own Superior Court. For the Bay Area counties this firm most often handles: San Francisco — Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102 (probate is heard in Department 204). Alameda — Berkeley Courthouse, 2120 Martin Luther King Jr. Way, Berkeley, CA 94704. Santa Clara — Downtown Superior Courthouse, 191 North First Street, San Jose, CA 95113. San Mateo — Hall of Justice, 400 County Center, Redwood City, CA 94063. Confirm the department on your Notice of Hearing through each court's website.

Common Bay Area practices

Across the Bay Area's counties, a few patterns are typical of large California courts:

Pre-hearing review. Petitions are reviewed and any defects flagged before the hearing (often called probate notes or examiner notes); some courts post tentative rulings in advance.
Expanded remote appearances. California courts broadened video/remote appearance options, which the Bay Area counties have generally embraced.
High property values. Bay Area home prices mean many estates exceed small-estate limits and center on real estate decisions — making full IAEA authority (to sell with a notice of proposed action) especially valuable. (See Full vs. Limited IAEA.)

Bay Area courts have expanded remote and video appearances, and several post tentative rulings or probate notes before the hearing. San Francisco, for example, posts probate tentative rulings online or by phone one to three days before the hearing. Confirm each county's tentative-ruling, remote-appearance, and e-filing rules on its court website.

Built for a mobile, international region

The Bay Area is one of the most internationally connected regions in the country, and its families are often spread across the world. Heirs frequently live in another state — or in Asia or Europe — while a parent's home sits in the Bay Area. That dispersed, cross-border situation is exactly what this practice focuses on: administering a Bay Area estate while keeping far-flung beneficiaries informed and involved. (See California Probate for Out-of-State & International Families.)

Whether the estate is in San Francisco, the East Bay, the Peninsula, or the South Bay, we handle Bay Area probate for local families and for those who've moved away — anywhere in the country or abroad. Request a consultation.

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Frequently Asked Questions

Is there one probate court for the whole Bay Area? No. Each county — San Francisco, Alameda, Santa Clara, San Mateo, and others — has its own Superior Court. The estate is filed in the county where the deceased person lived.

Which county do I file in for a Bay Area estate? The county where the decedent was domiciled (their permanent home). Where the heirs live does not determine the court.

Do I have to live in the Bay Area to handle the estate? No. You can handle a Bay Area estate from elsewhere in California, another state, or another country, with the attorney filing and appearing for you.

Are remote appearances available in Bay Area probate courts? California courts have expanded remote/video options, and the attorney typically appears for you regardless. Confirm current rules for the specific county with your attorney.

Why does full IAEA authority matter for Bay Area estates? Given high property values, most Bay Area estates involve selling a home. Full authority allows a sale with a notice of proposed action rather than a slower court-confirmed sale.

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