San Diego County Probate Court Guide
San Diego County Superior Court probate court information · Updated January 2026
Feeling overwhelmed?
Free help is available in San Diego County.
Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
First: Get Death Certificates
Required for everythingSan Diego County Health and Human Services Agency - Vital Records
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
County filing packet
San Diego County probate filing packet
Use this packet to confirm the local California filing office, compare common probate paths, gather core documents, and move into the right next step before filing. This is an informational filing guide, not legal advice or a court-approved packet.
Where this packet starts
- Court
- Probate Division - Superior Court of California, County of San Diego
- Clerk
- San Diego Superior Court Clerk
- Address
- Central Courthouse, 1100 Union Street, San Diego, CA 92101
- Phone
- (619) 450-5000
Common filing paths
Formal probate
Full probate administration for larger estates. Court supervises asset identification, debt payment, and distribution to beneficiaries.
- Threshold:
- Estates over $208,850 (as of April 1, 2025)
- Filing fee:
- $435
Small estate affidavit
Simplified procedure for small estates. Affidavit submitted directly to institutions holding property to transfer assets without court involvement.
- Threshold:
- $208,850 or less (as of April 1, 2025)
- Filing fee:
- No filing fee
Real property affidavit
Petition to court to transfer decedent's principal residence without full probate.
- Threshold:
- $750,000 (decedent's principal residence only, as of April 1, 2025)
- Filing fee:
- $435
Spousal property petition
Petition for disposition of community property without administration.
- Filing fee:
- $435
Documents to gather
General filing documents
- Petition for Probate (DE-111)
- Notice of Petition to Administer Estate (DE-121)
- Death Certificate
- Original Will (if exists) if applicable
- Duties and Liabilities of Personal Representative (DE-147)
- Inventory and Appraisal (DE-160)
Formal probate
- Petition for Probate (DE-111)
- Certified Death Certificate
- Original Will (if any)
- Notice of Petition to Administer Estate (DE-121)
- Duties and Liabilities of Personal Representative (DE-147)
- Inventory and Appraisal (DE-160)
Small estate affidavit
- Affidavit for Collection of Personal Property (can be custom or form)
- Certified Death Certificate
- Proof of identity
Spousal property petition
- Spousal or Domestic Partner Property Petition (DE-221)
- Certified Death Certificate
- Proof of marriage/domestic partnership
Fee signals
- Formal administration: $435
- Small estate affidavit: No filing fee
- Spousal property petition: $435
- Certified copy per page: $1
- Certification per document: $2
Deadline signals
- Deposit the original will within 30 days if one exists.
- Creditor claims period: 4 months.
- Notice to creditors publication: Once a week for 3 successive weeks.
Choose your next step
If you are not sure probate is required, start with the free assessment. If you are ready to organize a filing, use the county-aware plan handoff.
Check if probate is neededA personalized probate report for estates that likely need court administration.
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Packet details are based on official court, clerk, and state sources. Confirm final instructions with the sources section below before filing.