The Estate Desk

Last verified 2026-07-14; facts checked against the primary sources below

How probate works in Santa Clara County

Last verified: July 14, 2026

The short answer: If the person who died lived in Santa Clara County, you file the Petition for Probate (form DE-111) with the Probate Division at the Downtown Superior Court, 191 N. First St. in San Jose. The filing fee is $435. Attorneys must e-file through an Odyssey eFileCA provider; if you are handling it yourself, you can file at the probate clerk's office in Room 107. Santa Clara has one unusual habit: you leave the hearing date blank when you file, and the court picks it for you. Before the hearing, the court posts an Advance Case Status Report on your case, generally two court days out.

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.

Santa Clara County probate at a glance

Fact Detail
Petition form DE-111, Petition for Probate — leave the hearing date blank; the court sets it
Filing fee $435 (no Santa Clara County surcharge)
Where to file Downtown Superior Court, 191 N. First St., San Jose, Room 107
Clerk phone Probate: (408) 882-2654
E-filing Mandatory for attorneys (Odyssey eFileCA); self-represented parties may file in person
Pre-hearing review Advance Case Status Report (ACSR), posted about two court days before the hearing
Hearing window 15 to 30 days after filing by statute (Prob. Code § 8003); the court picks the date
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 Santa Clara County?

Probate for the whole county is heard at one courthouse (santaclara.courts.ca.gov):

Courthouse Address Clerk's office Hours Phone
Downtown Superior Court (DTS) 191 N. First St., San Jose, CA 95113 Room 107 Building open Monday to Friday, 8:00 a.m. to 5:00 p.m. Probate: (408) 882-2654

The building also handles civil and small claims cases (santaclara.courts.ca.gov). The court's self-help center offers appointments with a probate staff attorney at (408) 882-2100 if you are representing yourself.

How much does it cost to file probate in Santa Clara County?

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
Santa Clara 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 do you file the petition?

E-filing "for all attorney represented parties in Civil, Family, and Probate cases is now mandatory" in Santa Clara County, through the service providers listed on Odyssey eFileCA (santaclara.courts.ca.gov). Since September 17, 2021, attorneys must also e-file probate ex parte petitions. Self-represented parties can file in person at Room 107 or e-file voluntarily.

The county's distinctive filing instruction: when you e-file a probate petition, "please leave the hearing information blank (Date, Time, and Department) and indicate any dates that you are unavailable in the comments section of the e-filing" (santaclara.courts.ca.gov). The clerk assigns your hearing date and department, then the conformed copy comes back with the date filled in.

The original will still must be delivered to the superior court clerk within 30 days after the custodian learns of the death (Prob. Code § 8200). Lodge the original with the Probate Clerk in Room 107; an e-filed scan does not replace the original.

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). The court sets the actual date from its calendar when it accepts the filing; use the date returned on the conformed copy.

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 for the court's pre-hearing report as the date approaches.

What is the Advance Case Status Report (ACSR) and how do you clear it?

Santa Clara's version of probate notes is the Advance Case Status Report. The court posts ACSRs for cases on the General Probate and Administration of Estate calendars "generally two court days before the scheduled hearing, and no later than 5:00pm on the court day before the scheduled hearing" (santaclara.courts.ca.gov).

What to know Detail
Where to find them Posted as PDFs by hearing day and calendar on the ACSR page
Pre-approved "Pre-approved matters are those that have been reviewed and found satisfactory by the Court before the date set for hearing. Personal appearance by the petitioning party is not required on pre-approved matters"
Not pre-approved The ACSR "will include Probate Examiner notes listing procedural deficiencies" that must be addressed

The timing is the trap. Unlike Los Angeles or San Diego, where notes appear well before the hearing, Santa Clara's report may land only two court days out. File your petition complete and correct the first time, and check the ACSR page the moment your hearing week arrives.

What local quirks should an executor know?

Can you skip probate entirely?

Formal probate is the expensive road. Two shortcuts cover many Santa Clara 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 California executor checklist.

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

Primary sources