San Diego County Probate Attorney and Court Information

Dealing with a Probate Estate can be very overwhelming and confusing.  We are here to help you navigate the task of renting or selling a Probate Estate.  Our office can handle everything from securing the property, cleaning it up, and preparing it for the market.  Let us take care of your property during this challenging time.  Below you will find answers to frequently asked questions along with the courthouse information and probate forms.  As always you can call us and we will answer any of your questions.

General Probate Frequently Asked Questions

1. How do I get legal advice?
2. Where is the list for probate properties that are for sale?
3. Does the court provide a list of probated property?
4. My case was taken off-calendar. Do I have to file a new petition?
5. Are you closed at lunchtime?
6. What are your fees? Why are you charging me to file a petition when I paid a first paper fee?

 

Seniors & the Law — A Guide for Maturing Californians is the third in a series of State Bar consumer education guides and is available in both English and Spanish.

The guide addresses a number of issues confronting seniors, including:

• Finances and debt
• Social Security and insurance
• Housing and care giving
• Employment
• Healthcare
• Elder abuse/elder fraud
• Grandparents’ rights
• Divorce and remarriage
• Estate planning and legal services

 

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1529928&_dad=portal&_schema=PORTAL

New Central Courthouse
1100 Union St.
San Diego, CA 92101

Probate Business Office:

Third Floor

Office Hours (Excluding Court Holidays)

8:30 a.m. – 4:00 p.m. Monday – Friday

Examiners:
10:00  a.m. to 10:30 a.m. by phone
10:30 a.m. to 11:00 a.m. in person

Contact Probate Examiners by e-mail

Telephone

Office:
(619) 844-2676
8:30 a.m. – 11:30 a.m. Monday – Friday

Telecourt:
(619) 844-2817

Probate Court Calendar

Dept 502:
Hon. Robert C. Longstreth

Dept 503:
Hon. Julia C. Kelety

Dept 504:
Hon. Jeffrey S. Bostwick

Link to the latest Probate Court Hearings:

http://www.sandiego.courts.ca.gov/portal/online/calendar/f_spcal1.html

 Probate Attorneys of San Diego Website and Attorney Directory:

https://www.sdprobateattorneys.org/directory

Probate Forms

• Probate Packets
• Judicial Council Forms
• Local Probate Forms
• California Department of Public Health Forms
• Preissued Subpoena Forms

 

	Probate PacketsGuardianship of the Person Packet PKT-012 (Rev: 02/18)General Conservatorship of the Person Packet PKT 045 (Rev: 09/17)Limited Conservatorship of the Person PKT-030 (Rev: 12/17)Fee Waiver Packet – Guardianships and Conservatorships PKT-041 (Rev: 03/18) Fee Waiver Packet PKT-010 (Rev: 03/18)Probate Mediator Packet PKT-037 (Rev: 12/17)Judicial Council Probate Forms Decedents’ Estates Guardianships and Conservatorships Miscellaneous Back to Top Local Probate Forms Account Statement Coversheet PR-121 (Rev: 05/17) Annual Declaration RE Waiver of Accountings PR-149 (Rev: 09/15) Application for Waiver of Investigation PR-062 (Rev: 09/13) Attachment 1 – Petition (Guardianship) PR-097 (Rev: 07/99) Attachment 2 – Order (Guardianship) PR-098 (Rev: 07/99) Attachment To Fee Declaration: 7.702 Statement PR-96A (New: 01/05) Case Management Statement PR-157 (Rev: 09/13) Certificate of Trustee Appointment PR-083 (Rev: 09/13) Conservatorship Timeline PR-179 (New: 03/18) Cronología de Tutela Legal PR-179S (New: 03/18) Court Appointed Attorney Cover Sheet PR-150 (Rev: 01/18) Declaration for Collection of Property without Probate PR-132 (Rev: 11/13) Declaration of Diligent Search and Request to Dispense with Notice FLF-002 (Rev: 10/17) Ex Parte Application for Issuance of: Nunc Pro Tunc Order/Amended Order PR-137 (Rev: 01/18) Fee Declaration: Conservator Person – Estate PR-096 (Rev: 09/15) Findings And Order After Hearing On: (for use in Decedent’s Estates) PR-130 (Rev: 09/13) First and Final Report of Personal Representative & Petition for Final Distribution PR-165 (Rev: 6/16) General Information For Self-Represented Litigants (Conservatorship of the Person) PR-172 (New: 12/16) General Information For Self-Represented Litigants (Guardianship of the Person) PR-067 (Rev: 02/18) Guardianship Questionnaire – Estate PR-064 (Rev: 02/17) Increased Bid in Open Court PR-065 (Rev: 09/99) Instructions to Proposed Guardians Re: Guardianship Investigations Prob. Code 1513 PR-061 (Rev: 02/18) Lodged Documents PR-163 (New: 11/12) Mail Option Form PR-114 (Rev:0 2/16) Memorandum of Sale PR-112 (New: 11/97) Notice of Transfer of Estate Planning Documents PR-085 (Rev: 09/05) Nunc Pro Tunc Order PR-138 (Rev: 01/18) Objection PR-160 (New: 06/12) Order Directing or Waiving Investigation PR-063 (Rev: 09/12) Order for Authorization to Enter Into or Extend Exclusive Listing Agreement for Sale of Real Property PR-145 (Rev: 06/17) Order Modifying or Ordering Visitation/Directing Compliance With Visitation Order PR-093 (Rev: 08/17) Order Setting Contested Visitation Issue for Family Court Services Child Custody Recommending Counseling PR-102 (Rev: 12/17) Order to Extend or Reissue Letters/ Report of Status of Administration PR-159 (New: 04/12) Order to Increase/Decrease Bond and/or Place Funds in Blocked Account PR-148 (New: 08/09) Petition for Authorization to Enter Into or Extend Exclusive Listing Agreement for Sale of Real Property PR-144 (Rev: 06/17) Petition for Order Re Guardianship Visitation PR-092 (Rev: 08/17) Petition to Extend or Reissue Letters/Report of Status of Administration PR-158 (New: 04/12) Petition to Increase/Decrease Bond and/or Place Funds in Blocked Account PR-147 (New: 08/09) Probate Ex Parte Coversheet & Instructions PR-136 (Rev: 11/15) Proof of Personal Service (Guardianship) PR-086 (Rev: 06/17) Referral Information and List of Relatives PR-020 (Rev: 08/13) Response to Probate Notes PR-177 (New:11/17) Stipulation and Order After Mandatory Settlement Conference PR-164 (New: 11/12) Stipulation for Visitation and Order Directing Visitation PR-101 (Rev: 09/99) Submitted Order PR-162 (New: 06/14) Supplement to Petition for Appointment of Guardian of the Person PR-107 (Rev: 09/12) Guardianship Termination Questionnaire (Confidential) FCS-039 (Rev: 12/17) Trust Coversheet PR-167 (Rev: 2/15) Back to Top California Department of Public Health FormsOrder Establishing Fact of Birth VS-108 (Rev: 01/16) Order Establishing Fact of Death VS-109 (Rev: 01/08) Order Establishing Fact of Marriage VS-122 (Rev: 01/09)
	Preissued Subpoena Forms
	Civil Subpoena for Personal Appearance at Trial or Hearing SUBP-001 (Rev. 1/07)Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration SUBP-002 (Rev. 1/12)Deposition Subpoena for Production of Business Records SUBP-010 (Rev. 1/12)Deposition Subpoena for Personal Appearance SUBP-015 (Rev. 1/09)Deposition Subpoena for Personal Appearance and Production of Documents and Things SUBP-020 (Rev. 1/09)

1. How do I get legal advice?

The court’s attorneys and personnel are prohibited by law from advising persons regarding their individual legal problems. You should obtain an attorney of your own choice to answer questions or assist with legal matters.

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2. Where is the list for probate properties that are for sale?

There is no list. However, posting for upcoming petitions in the Central District can be found on the third floor business office in the viewing room.

3. Does the court provide a list of probated property?

The court does not provide such a list.

4. My case was taken off-calendar.  Do I have to file a new petition?

If the matter is taken off-calendar, you can request that the petition be reset by writing a letter and submitting it to the probate examiner assigned to your case. All defects except notice must be cleared prior to the matter being put back on calendar. If too much time has elapsed, you may need to file a new petition. Depending on the circumstances, re-notice, including re-publication, may be necessary.

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5. Are you closed at lunchtime?

Court offices are open during lunchtime with limited staff.

6. What are your fees? Why are you charging me to file a petition when I paid a first paper fee?

The Probate court does not charge a first appearance fee; rather a paper fee per petition is charged as set forth in the government code.

The Probate Timeline

Step                                                                                        Duration

Prepare and File Petition for Probate	1-2 months
Court hearing on the Petition for Probate	2-3 months
The following are issued:  Letters of Administration, Orders for Probate, Duties and Liabilities, Issue Bond (if ordered), & **Letters  Testimentary **	2-4 months (if not contested)
Notice to Creditors	2-4 months
Notice to Department of Health Services Inventory & Appraisement	4-8 months
Pay State and Federal Taxes (if necessary)	6-12 months
Allow or Reject Creditor Claims
Possible Preliminary Distributions
Notice to Department of Health Services (if deceased received medical)
Notice to Franchise Tax Board (if heir is out of state)
Claim of Exemption (if assets transfer to a minor)	6-15 months
Receive Final Tax Letter from State and Federal (if appropriate)	6-18 months
File Petition for Final Distribution and Accounting	8-16 months
Hearing on Petition for final Distribution and Accounting
Order Approving Final Distribution and Accounting
Distribution of Assets to Heirs	9-17 months
Final Discharge Order (indicates close of probate case)	9-18 months
Final Distribution of Funds	9-18 months

View a Probate Case File:
https://roa.sdcourt.ca.gov/roa/