Where to File a California Probate

A California Petition For Probate is filed in the Superior Court in the county where the decedent lived at the time of death. For example, if the decedent lived in Riverside County, but the real estate they owned was located in San Bernardino County, the probate case would be filed in the Riverside County. A common mistake is trying to file in the county where the property is located, rather than where the decedent lived, if it’s not the same. If they were not a California resident, but left property in California, the probate would be filed in the county […]

Costs For Filing a Probate Case in San Bernardino County

The filing fees in California’s courts are not the same in all counties. Here is a list of San Bernardino fees in a simple probate case:

Petition filing fee: $435.00 is the filing fee for a Petition for Probate, Spousal or Domestic Property Petitions, and Petitions to Determine Succession to Real Property. Payment is made payable to the Clerk of the Court. Except for the Spousal or Domestic Property Petition and the Petition to Determine Succession to Real Property, the filing fee for the Petition for Probate will be paid twice. It is required when the case begins with the Petition […]

How to Probate in California

The legal process for a California probate starts when a Petition for Probate is filed at the court. When the Petition for Probate is filed at the Superior Court having jurisdiction, a case number is assigned and a date for a hearing is set. At the hearing, an executor or administrator is named and given authority to manage the estate until after the estate assets are distributed. Notices are given, the business of identifying and managing the property, and the payment of expenses and taxes are made until the time that an order is made to distribute the assets to […]

How to Check Probate Notes in Riverside County

Probate notes are a written record posted on the Riverside County court website by the probate examiner for all probate cases in Riverside County. The probate examiner reviews the filed probate documents and publishes notes about the filing before each hearing. The notes will include general statements about the purpose of the hearing. In some cases “deficiencies” will be noted, which are requests for additional documents or clarification of documents filed. The deficiencies will need to be addressed before the hearing to avoid a delay. Once notes are posted, they might be updated, so it’s important to be aware of […]

How to File a Spousal Property Petition in Riverside County

Overview: A Spousal Property Petition is a set of documents to request a probate hearing in which the court can make an order to transfer certain specific assets obtained through marriage or a domestic partnership. In this process, the court will give an order to transfer and confirm property to a surviving spouse. The California Court’s website states,
If the surviving spouse/partner is legally entitled to all of the property, a more complicated probate procedure may not be required.
With a Spousal Property Petition, property can be legally transferred to the surviving spouse in a little over one month’s time with less […]