San Diego County Probate Records

Probate records comprise information on the distribution of a decedent’s estate and the execution of their will (if any). Like San Diego county court records, these documents may be sought out for a couple of reasons, including:

• Ascertaining the rightful heir or beneficiary of a decedent’s estate
• Verifying the validity of a will
• Genealogical research

The probate process in San Diego begins when a petition is filed with the Superior Court after a person’s death. If the decedent left a will, the will must be submitted to the court, or any entitled party may petition the court to administer the estate. Filing probate after a person's death is necessary to settle their debts and legally transfer ownership of their assets to the appropriate parties.

Are Probate Records Public?

Yes. San Diego probate records are considered public under the California Rules of Court, specifically rules 2.400(a) and 2.550(c). However, some information remains confidential and is kept away from the eyes of the public. This information includes:

• An individual’s private information, such as a social security number
• Investigator’s reports in conservatorship cases
• Medical or psychological evaluations
• Financial account numbers
• Court-sealed probate records

Access to confidential probate records may be granted if an individual petitions the court and receives judicial approval.

What is Probate Court in San Diego County?

The Probate Division of the San Diego County's Superior Court hears probate cases filed in the county. This court oversees trusts, decedents' estates, guardianships of minors, and conservatorships for adults who cannot manage their personal or financial affairs.

Individuals can access probate services at the Central Courthouse:

1100 Union Street
San Diego, CA 92101
Phone: (619) 844-2676

Probate Court Case Lookup

In San Diego, the Superior Court Clerk maintains probate case records. Paper copies can be obtained at the courthouse by providing a case number to the clerk's office. If the case number is unknown, individuals can look up a case on a courthouse computer. Once a case number is provided, court staff will search up to 10 cases per request.

Individuals can also request a probate record by completing the PR-189-Request for Copies (Probate) form and submitting it through the court's e-file system or by mail.

A record search fee may apply if a non-party (to the case) requests the search and it exceeds 10 minutes. Paper copies cost 50 cents per page. Mail requests can be paid by check (payable to the Superior Court) or credit card using Form SDSC #ADM-253. A receipt detailing the fees charged will be mailed, along with copies of the record, to the requester. Extra costs are incurred if the requester wants certified copies of a record.

San Diego probate records may be accessed remotely through the Superior Court’s Register of Actions (ROA) portal. Researchers can look for a probate record using a case number, party, or date search. The information available on the portal is non-confidential. However, it also does not serve as the court's official record and may be incomplete or contain errors.

How to Find Probate Records Online Free

Individuals searching for a probate record on the San Diego Superior Court’s Register of Actions case portal are not required to pay a fee. Probate records can also be found online on third-party sites. A search on a third-party site is usually done at no cost. However, a fee may be charged to reveal all or certain parts of the record after a search.

How Long Does Probate Take in California?

How long a probate takes in California depends on the nature of the case. A formal probate takes between 9 to 18 months to be concluded and, in certain circumstances, could take longer. On the other hand, non-formal or informal probates often follow a simpler process of transferring property, which generally does not require going to court. These include cases where:

• The property to be transferred is a government benefit
• The estate is valued under $166,250 for deaths before April 1, 2022, and $184,500 for deaths on April 1, 2022, and beyond
• A living spouse or domestic partner is legally entitled to the property.

Are Wills Public Record?

Yes. When a will is filed for probate in San Diego County, it becomes a public record. Under California Probate Code § 8200, after a testator dies, the will’s custodian must file the will with the clerk of the Superior Court and deliver a copy to the will’s executor within 30 days.

However, not all information contained in a will may be made public. Sensitive information will be redacted from the publicly available copy of the will (original wills are not available for view). These records are only disclosed to direct beneficiaries, heirs, or legal representatives.

How to Find Out If Someone Has a Will

Individuals can visit the San Diego Superior Court Clerk's Office to find out if someone deposited a will. However, such inquiry is limited to deceased persons. The wills of living individuals are not open for public inspection.

Inquirers can also search the Superior Court’s Case Index using a decedent’s name to verify if a will was filed with the court. If no result is found, the decedent may have instructed their bank to keep the will in a safe deposit box or may have kept the will in another private location. If the attorney who prepared the will is known, individuals may contact them for guidance on obtaining a copy.

San Diego County Family Court Case Search

The San Diego Family Court Division manages all family law cases in the county. The division handles cases involving child custody and visitation, divorce, legal separation and annulments, adoption, domestic violence, and parentage.

Interested parties can visit the Superior Court Clerk’s Office to view a family court case and request related records. To request by mail, individuals can send a letter containing the following information to the Clerk’s Office:

• The case number
• The name(s) of the person(s) involved in the case
• The desired document/information
• The requester's contact information: phone number, email, and mailing address

Mail-in requests must include a stamped, self-addressed envelope and payment for the copies.

Family court records can also be found online on the Clerk's Register of Actions (ROA) portal. A search can be performed using a case number or party's name.

It should be noted that several family court records are confidential to the general public. For example, under California Family Code § 7643, all information related to parentage cases filed before January 1, 2023 (except the final judgment) is confidential. Some confidential records that cannot be accessed online are viewable in person by authorized persons, such as the parties involved or their attorneys.