San Bernardino County Probate Records

In San Bernardino County, California, the probate process facilitates the court-supervised distribution of a decedent's assets (estate) to their designated heirs and beneficiaries. The documents generated from this process are known as the San Bernardino County probate records, which serve as a comprehensive vault of information related to the administration and settlement of the estate. Examples of these records include wills, court filings (documents submitted to the probate court), inventories, accounts, oaths of executors, and decrees.

Various stakeholders often utilize San Bernardino County probate records as a resource for verifying inheritance, resolving estate disputes, conducting historical research, and tracing genealogical roots. Furthermore, these documents are crucial for protecting the interests of creditors and providing beneficiaries with essential materials to establish an estate’s accurate value.

As of April 1, 2022, probate is typically required for estates valued at over $184,500 (or $166,500 if the death occurred prior to this date). Generally, probate is not mandatory for:

• Assets held in a living trust
• Jointly-owned assets
• Assets with a designated beneficiary

Are Probate Records Public?

Yes. San Bernardino probate records are available to interested parties for legal purposes, research, and other legitimate/personal interests under 2.400(a) and 2.550(c) of the California Rules of Court. Therefore, any member of the public can request a probate document from its official custodian without verifying their identity or facing similar restrictions.

However, It is worth noting that the right to access San Bernardino probate records is restricted to documents not expressly protected from public disclosure by a current law or court order. Consequently, some probate information is not subject to viewing and inspection by members of the public.

For example, per Rule 2.550 (d) of the California Rules of Court, probate records can be sealed by a court order if a private interest overcomes the public’s right to access the document. Also, mediation reports and capacity declarations are not subject to public disclosure.

Note: Even in cases where the public cannot access a probate record, the parties to the case and a few other authorized persons will be allowed to access them.

What is Probate Court in San Bernardino County?

The San Bernardino probate courts are a division of the Superior Court of California with exclusive jurisdiction over decedents' estates (including will execution proceedings), trusts, guardianships, and conservatorships.

Probate matters in San Bernardino County are heard at the Fontana and Victorville Districts at the addresses below (the Probate Clerk's Office is also headquartered at these locations):

Fontana District of the Superior Court of California
1178 Arrow Boulevard
Fontana, CA 92335

Victorville District of the Superior Court of California
14455 Civic Drive
Victorville, CA 92392

Probate Court Case Lookup

Individuals can look up San Bernardino County probate cases by visiting the courthouse where a matter was heard. Per the California Rules of Court, the public can only inspect San Bernardino County court records in the clerk's office unless otherwise provided by the rules or a court order. Consequently, individuals are advised to visit the courthouse during regular business hours to consult with the court clerk and obtain probate court case information. Parties should note that the probate courts also provide electronic access to court records at their physical locations.

There is also an option for members of the public to access probate court case documents remotely using the San Bernardino County Court Access Portal. Access to information on this portal is provided for and regulated by the California Rules of Court, Rules 2.503. To search for probate court information on this platform, parties can select the menu at the top right corner of the homepage and click "Search" from the options. Next, they should choose "Case information" from the drop-down menu that pops up and conduct a search using their preferred keywords.

Interested parties can search court case information online by case number, citation number, party name, or business name. They must note, however, that they must register and log in to the platform to conduct party and business searches. Registration is also mandatory to view minute orders, purchase documents, or perform an advanced search.

How to Find Probate Records Online Free

Free access through the San Bernardino County Court Access Portal is limited to viewing documents. Users can only download or print limited copies of documents at no cost. However, parties can pay a fee (50 cents per page) to obtain copies of documents above a predetermined threshold. Certified copies cost $40 per document.

How Long Does Probate Take in California?

It varies by case. According to guidelines from the Judicial Branch of California, a formal probate process typically takes between 9 months to 18 months to be completed. However, in reality, the duration of probate in San Bernardino varies significantly and can be elongated depending on the complexity of the estate and other factors like:

• Hard-to-locate beneficiaries
• Contested wills
• No wills
• Owed taxes

Are Wills Public Record?

Yes. Wills become public records when they go through probate. When probate is initiated, these documents are filed with the court and become part of the official court records, making them accessible to the public per the California Rules of Court.

However, sensitive or confidential information may be redacted from a probate case file by operation of law. For example, wills submitted for safekeeping are not subject to public disclosure (Cal. Prob. Code §8200).

How to Find Out If Someone Has a Will

Individuals can verify whether a decedent who lived in San Bernardino County has a will by querying the probate court handling the matter in person and via the remote access portal mentioned above. Wills that have gone through the probate process are open court records available to the public through the same channels as other probate court documents.

However, individuals may experience difficulties accessing wills that have not been probated. In such cases, the interested party is advised to contact the personal representative of the decedent's estate or the attorney who drafted the will for assistance.

Generally, one must seek permission from a living testator to access their will, as a living person's will is considered private. Otherwise, they can obtain a court order directing access, which is only possible in extraneous circumstances.

San Bernardino County Family Court Case Search

Individuals can make the courthouse that handled a family matter their first point of call for accessing the related case information or documents. In San Bernardino County, the family court is located at:

San Bernardino Historic Court
351 North Arrowhead Avenue
San Bernardino, CA 92415-0240

The family courthouse in San Bernardino County is open to the public during regular operational hours. Individuals can schedule an appointment to view family court files or make copy requests through the Appointment Scheduling Page on the family law division’s website. Individuals can also call (909) 521-3136 for case requests.

While family court records are subject to public disclosure, confidential or sealed records are exempt from public access. These include cases involving juveniles, psychological evaluations, and parentage cases under the Uniform Parentage Act filed before January 1, 2023.