The Estate Desk

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

How probate works in San Francisco County

Last verified: July 14, 2026

The short answer: If the person who died lived in San Francisco, you file the Petition for Probate (form DE-111) at the Civic Center Courthouse, 400 McAllister St. — Room 103, filing windows 23 to 25. The filing fee is $450, not the usual $435, because San Francisco adds a $50 courthouse-construction surcharge with an offset. E-filing is mandatory for represented parties; self-represented filers are exempt. Before the hearing, a probate examiner reviews your petition: clean petitions are "pre-granted" and no one has to appear, while defects must be cured at least seven 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.

San Francisco probate at a glance

Fact Detail
Petition form DE-111, Petition for Probate — with a proposed order at filing
Filing fee $450 (the $435 statewide fee plus San Francisco's local courthouse-construction surcharge, net)
Where to file Civic Center Courthouse, 400 McAllister St., Room 103, windows 23 to 25
Clerk phone Probate department (415) 551-3650; filing windows (415) 551-3892
E-filing Mandatory for represented parties (File & ServeXpress); self-represented parties exempt
Pre-hearing review Examiner notes / tentative rulings, posted one to three days before the hearing; cure defects at least 7 court days before
Hearing window 15 to 30 days after filing by statute (Prob. Code § 8003); decedents' estates heard Mon–Wed 9:00 a.m., Dept. 204
Skip probate? Estate of $208,850 or less: small-estate affidavit. Home worth $750,000 or less: form DE-310

Where do you file probate in San Francisco?

Everything happens at one courthouse (sf.courts.ca.gov):

Courthouse Address Filing Hours Phone
Civic Center Courthouse 400 McAllister St., San Francisco, CA 94102 Room 103, windows 23, 24, and 25 Monday to Friday, 8:30 a.m. to 4:00 p.m., closed noon to 1:00 p.m. Probate department (415) 551-3650; filing windows (415) 551-3892

Probate matters are heard in Department 204 (sf.courts.ca.gov).

How much does it cost to file probate in San Francisco?

San Francisco is one of only three California counties where the first probate filing costs more than $435:

Item Fee Source
First-filed Petition for Probate $450 $435 statewide fee (Gov. Code § 70650(a)) plus San Francisco's $50 local courthouse-construction surcharge with an offsetting distribution reduction — statewide civil fee schedule effective Jan. 1, 2026, local-surcharge appendix

One caution: the fee PDFs posted on the San Francisco court's own site are outdated (one dates to 2010 and shows $410). The statewide schedule above controls. If you e-file, the provider's convenience fee comes on top.

How do you file the petition?

Probate is a mandatory e-filing case type in San Francisco: "In all Designated Cases, all papers to be filed must be E-Filed" (Local Rule 2.11(C), LRSF effective July 1, 2026). Self-represented parties are excluded from the requirement but may e-file voluntarily.

E-filing runs through File & ServeXpress, the court's e-filing manager, via an approved service provider (sf.courts.ca.gov). Probate e-filing questions go to [email protected].

Two filing-time requirements worth knowing: a proposed order must accompany the petition (submitting it fewer than 10 court days before the hearing risks a continuance, Local Rule 14.7(A)), and hearing dates are assigned by the filing clerk when you file — "hearing dates are not given by telephone" (Local Rule 14.3).

How long until the 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). Decedents' estate calendars run Monday, Tuesday, and Wednesday at 9:00 a.m. in Department 204.

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 the tentative rulings as the date approaches.

What are examiner notes and how do you clear them?

A probate examiner reviews every petition before the hearing. If it is unopposed and clean, it is pre-granted — "no appearance of any party will be necessary" (Local Rule 14.6(A)). Otherwise the examiner posts notes or a tentative ruling listing the defects.

What to know Detail
Where to find them The court's tentative rulings page, or by phone at (415) 551-4000
When they appear One to three days before the hearing (sf.courts.ca.gov)
Deadline to cure File supplements or amendments at least seven court days before the hearing, with courtesy copies to the examiners at least five court days before (Local Rule 14.7(B))
If you do not The examiner may continue the matter or put it on the appearance calendar
Continuances Email [email protected], no earlier than 14 days before the hearing (Local Rule 14.8(A))
Pre-granted orders Pick up in Room 103, windows 23 to 25, after 9:30 a.m. on or after the hearing day

What local quirks should an executor know?

Can you skip probate entirely?

Formal probate is the expensive road. Two shortcuts cover many San Francisco 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
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.


The Estate Desk handles this for California families. theestatedesk.com

The Estate Desk settles California estates for a flat fee: the paperwork, the institutions, the follow-up, carried for you.
Check in 2 minutes whether you need probate at all

Primary sources