San Diego County Probate: Complete Guide for Attorneys

Courthouse Information {#courthouse-info}

San Diego County is California's second-largest county by population, with a substantial probate caseload. Understanding San Diego's local procedures is essential for attorneys practicing in this jurisdiction.

San Diego Central Courthouse

Address: San Diego Central Courthouse 1100 Union Street San Diego, CA 92101

Hours: Monday-Friday, 8:30 AM - 4:00 PM Filing window closes: 4:00 PM

Getting There

Parking:

• Limited street parking (metered)
• Multiple paid parking structures nearby
• County Administration Center parking

Public Transit:

• MTS Trolley Blue/Orange Line to Civic Center
• Multiple bus routes serve downtown
• Amtrak/Coaster to Santa Fe Depot (short walk)

Security:

• Standard courthouse security screening
• No weapons or prohibited items
• Allow 10-15 minutes for security during busy periods

Clerk's Office

The Probate Clerk's Office handles:

• New case filings
• Document processing on existing cases
• Certified copy requests
• Fee payments
• General procedural questions

Tip: San Diego clerks are helpful but process high volume. Have documents organized before approaching the window.

Probate Departments {#probate-departments}

San Diego assigns probate cases to dedicated probate departments within the civil division.

Primary Probate Departments

• Department 502 - Probate
• Department 503 - Probate
• Department 504 - Probate

Cases are randomly assigned at filing and generally remain with that department throughout administration.

Judge Rotation

San Diego periodically rotates judges through probate assignments. When judges change:

• Pending cases transfer to new assigned judge
• Be aware of potential preference changes
• Check for any new department-specific procedures

Contested Matters

Will contests, trustee disputes, and other contested probate matters may be:

• Handled within the original probate department
• Transferred to a dedicated litigation track
• Set for case management conferences

SD Local Rules {#local-rules}

San Diego Superior Court has local rules supplementing the California Rules of Court.

Finding Local Rules

Location: sdcourt.ca.gov > Local Rules Probate section: Division IV - Probate

Key Provisions

Formatting requirements:

• Standard pleading paper with numbered lines
• 1-inch margins minimum
• Readable font (12-point recommended)
• Page numbers on every page

Caption requirements:

• Superior Court of California, County of San Diego
• Correct department number
• Case number
• Document title
• Hearing date/time/department (if applicable)

Proposed orders:

• Submit with filing
• Leave signature line blank
• Include all required findings
• Follow local order template if provided

Publication Requirements

San Diego requires publication in an adjudicated newspaper:

• Daily Transcript (San Diego)
• San Diego Reader (certain areas)
• Verify current adjudication status before publishing

Filing Procedures {#filing-procedures}

E-Filing

San Diego uses electronic filing for most probate documents.

Platform: Approved e-filing service providers

Requirements:

• PDF format documents
• Text-searchable preferred
• Proper document naming conventions
• Electronic fee payment

Benefits:

• 24/7 filing availability
• Faster processing
• Electronic confirmation
• Document tracking

In-Person Filing

Still available at the clerk's window:

• Original documents plus copies
• Filing fees by check, money order, or card
• Wait times vary by volume

Filing Fees (2024)

| Document | Fee | |----------|-----| | Petition for Probate | $465 | | Will deposit only | $65 | | Petition for Final Distribution | No fee | | Motion/Petition | $60 | | Certified copy | $25 + $3/additional page |

Always verify current fees before filing.

Setting Hearings

Process:

1. File petition/motion
2. Request hearing date through court system
3. Court assigns date, time, and department
4. Typical lead time: 30-45 days

Examiner Review Process {#examiner-review}

San Diego uses probate examiners to review filings before hearings.

How It Works

1. File documents (minimum 30 days before hearing)
2. Examiner reviews your filing for compliance
3. Notes posted online (typically 10-14 days before hearing)
4. You respond by filing supplemental documents
5. Hearing proceeds once notes addressed

Accessing Examiner Notes

Online: sdcourt.ca.gov > Case Access Timing: Usually posted 10-14 days before hearing Check regularly: Notes can appear anytime before hearing

Common Examiner Notes

Notice deficiencies:

• Missing parties on notice list
• Incorrect notice period
• Proof of service problems

Form issues:

• Outdated forms used
• Incomplete information
• Missing attachments or declarations

Substantive problems:

• Bond calculation errors
• Inventory discrepancies
• Missing required statements

Responding to Notes

Best practice: Address all notes before the hearing date.

Options:

• File supplemental documents
• File amended forms
• Prepare written response to each note

Hearing Procedures {#hearing-procedures}

Calendar Structure

San Diego probate operates on calendar call:

• Multiple matters set at same time slot
• Typically 8:30 AM or 1:30 PM
• Clerk calls cases in order

Check-In

When arriving:

1. Find your courtroom (502, 503, or 504)
2. Sign in on the calendar sheet outside
3. Enter courtroom when doors open
4. Wait for your case to be called

Remote Appearances

San Diego permits remote appearances:

• Video conferencing available
• Must arrange in advance
• Check department-specific policies

Tentative Rulings

Some departments post tentative rulings:

• Check court website afternoon before hearing
• Indicates likely ruling
• Can accept or contest

If accepting tentative: May not need to appear; notify court.

At Hearing

When called:

• Approach counsel table
• State your appearance for the record
• Be prepared to answer questions
• Have all documents available

SD-Specific Requirements {#sd-specific-requirements}

DHCS 90-Day Notice

The 90-day DHCS notice requirement applies:

• Send within 90 days of Letters issued
• Certified mail, return receipt requested
• Keep proof permanently
• Personal liability if missed

Bond Requirements

San Diego follows statutory bond requirements:

• Based on estate value
• Reduced with IAEA powers
• Corporate surety typically required

Inventory and Appraisal

Deadline: 4 months from Letters

Requirements:

• List all assets
• Probate referee appraises real property
• Accurate date-of-death values
• File timely to avoid problems

North County Considerations

San Diego County is geographically large:

• No separate North County probate facility
• All matters at Central Courthouse downtown
• North County decedents still file centrally

Common Issues in San Diego {#common-issues}

Volume and Delays

San Diego processes significant case volume:

• Expect standard lead times for hearings
• Don't wait until last minute to file
• Build buffer time into deadlines

Military Estate Issues

San Diego has large military presence:

• Active duty service members as heirs
• Deployment complications
• Servicemembers Civil Relief Act considerations

Tip: Document military status and address SCRA early.

Cross-Border Considerations

Proximity to Mexico creates unique issues:

• Decedents with Mexican property
• Mexican heirs/beneficiaries
• Dual citizenship estates

May need Mexican counsel for assets in Mexico.

Publication Newspaper Verification

Always verify newspaper adjudication:

• Adjudication status can change
• Use established legal newspapers
• Keep proof of publication carefully

Tips for Success in San Diego {#tips-for-success}

Know the System

Invest time learning San Diego procedures:

• Review local rules completely
• Observe hearings before your first appearance
• Network with local probate practitioners

Build Professional Relationships

San Diego's legal community is collegial:

• Join San Diego County Bar Association
• Attend probate section events
• Connect with experienced practitioners

Prepare Thoroughly

San Diego judges appreciate preparation:

• Know your case completely
• Anticipate questions
• Have statutory authority ready
• Address all examiner notes before hearing

Use Technology

ProbateYoda helps with:

• SD-specific form formatting
• Local rule compliance
• Deadline tracking
• Examiner note reminders

Stay Current

San Diego procedures evolve:

• Monitor court announcements
• Subscribe to court updates
• Attend local CLE programs
• Check for local rule amendments

Consider Alternatives

For appropriate cases:

• Small estate affidavit (under $184,500)
• AB 2016 simplified transfer (effective April 2025)
• Trust administration if trust exists

Not every estate needs formal probate. Using the right procedure for each situation serves clients well and earns respect from the court.

San Diego County probate is manageable for attorneys who learn the local system. The procedures are well-documented, staff is professional, and the examiner system helps identify issues before they become courtroom problems.