The Estate Desk

Last verified 2026-07-14 · every fact checked against the primary sources below

How probate works in San Diego County

Last verified: July 14, 2026

The short answer: If the person who died lived in San Diego County, you file the Petition for Probate (form DE-111) with the Probate Division at the Central Courthouse, 1100 Union St. in downtown San Diego. The filing fee is $435. Attorneys have been required to e-file since April 15, 2021 through Odyssey eFileCA providers; if you are handling it yourself, paper filing is allowed. Before the hearing, a probate examiner posts notes on your case in the online Register of Actions, and any response must be filed at least five court days before the hearing.

Before you file anything, check whether you need probate at all. The simplified paths at the bottom of this page skip the process entirely for many families.

Where you file

Probate for the whole county runs through the Central Courthouse. There is also a drop box in Vista for North County residents, but staff, examiners, and hearings are all downtown (sdcourt.ca.gov):

Location Address What it is Hours
Central Courthouse, Probate Business Office 1100 Union St., San Diego, CA 92101, Third Floor Filings, forms, records, will deposits; probate departments 501 to 504 8:30 a.m. to 4:00 p.m., Monday to Friday
North County Regional Center 325 South Melrose Dr., Vista, CA 92081, First Floor Drop box only 8:30 a.m. to 4:00 p.m., Monday to Friday

Phone: (619) 844-2676, answered 8:30 to 11:30 a.m., Monday to Friday. Mail all correspondence to the Central Courthouse, and include a self-addressed stamped envelope for anything you need back (sdcourt.ca.gov).

What it costs to file

Item Fee Source
First-filed Petition for Probate (letters testamentary or letters of administration) $435 Gov. Code § 70650(a), statewide civil fee schedule effective Jan. 1, 2026
San Diego County surcharge None The statewide schedule adds local courthouse-construction surcharges only in Riverside, San Bernardino, and San Francisco counties

If you e-file, the e-filing service provider charges its own convenience fee on top of the $435.

How you file

"Effective April 15, 2021, filings submitted by attorneys for represented parties in all probate actions must be submitted electronically through one of the court's approved electronic filing service providers (EFSPs)." The provider list lives on the Odyssey eFileCA website. E-filing "is also encouraged, but not mandated, for self-represented litigants" (SDSC form PR-188, rev. 12/25).

Details from the same court document worth knowing:

The court has a specific ritual for original wills: submit the will on a stiff backing, with the caption (for example, "Last Will and Testament of Jane Doe") on the right side margin, plus the deposit fee and a self-addressed stamped envelope for the receipt (sdcourt.ca.gov). The same page reminds you that whoever holds the will must deliver it to the court within 30 days of the death under Probate Code § 8200.

From filing to first hearing

State law says the hearing on the petition "shall be set for a day not less than 15 nor more than 30 days after the petition is filed," or 30 to 45 days out if you request it (Prob. Code § 8003). In practice, the department's calendar controls, and real dates often land further out. [TODO-VERIFY: current typical weeks from filing to first available hearing date in San Diego probate departments 501 to 504]

Use the gap well. You must publish notice of the hearing in a newspaper and mail notice to heirs before the hearing, and you should watch your probate notes as the date approaches.

Probate notes: how the court talks to you before the hearing

A probate examiner reviews your petition before the hearing and publishes Probate Notes listing any defects (sdcourt.ca.gov):

What to know Detail
Where to find them The court's online Register of Actions; the current notes are linked next to the hearing date in the Hearing Entries tab
How to respond File a supplement, an amendment, or the optional Response to Probate Notes form (SDSC form PR-177); some defects require an amended petition
Deadline "All filings must be made at least five court days prior to your hearing to be considered"
Form trap A Judicial Council form must not be used for an amendment or supplement (Cal. Rules of Court, rule 7.104)
Reaching your examiner The examiner's name is at the top of your notes; email per the court's parameters, or call between 10:00 and 10:30 a.m.

San Diego's five-court-day response deadline is earlier than most counties. Work backward from your hearing date and calendar it.

Local quirks an executor should know

Before you file: check the simplified paths

Formal probate is the expensive road. Two shortcuts cover many San Diego families, using the thresholds on Judicial Council form DE-300 (rev. April 2025) for deaths on or after April 1, 2025:

If Then
The probate estate is $208,850 or less No probate. After 40 days, collect assets with a small-estate affidavit under Probate Code §§ 13100 to 13101; San Diego publishes its own optional affidavit form, SDSC PR-132
The main asset is the primary residence, worth $750,000 or less A simplified court petition (form DE-310) instead of full probate

For what counts toward those numbers and what skips probate automatically, see our first-30-days guide.


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