Santa Clara County Probate Records

Probate records are documents, orders, and case details submitted or generated during proceedings initiated to distribute and settle deceased people’s estates. The probate process involves validating a deceased person's will, appointing legal representatives to act on behalf of decedents, handling taxes and debts, inventorying and appraising the deceased's property, and transferring assets to a decedent's heirs or according to the instructions in a will.

In Santa Clara, California, probate is typically filed when the estate is worth more than $184,500 if the individual passed on or after April 1, 2022, or $166,250 for deaths before April 1, 2022. However, surviving relatives and executors can also initiate probate proceedings when the decedent does not leave a trust and there are debts, taxes, and other complex financial and legal issues to be handled.

Like Santa Clara County court records, case parties, lawyers, and members of the public request or view probate records for the following reasons:

• Confirming whether a deceased person left a will or trust
• Viewing property information, such as ownership details, title transfers, and certain tax information
• Gathering evidence for upcoming disputes related to a decedent's will execution or debts
• Genealogical research

Are Probate Records Public?

Yes. Santa Clara probate proceedings are public under rules 2.400(a) and 2.500 of the California Rules of Court, which regulate how court records are displayed and distributed. Still, despite its principle of openness and transparency, the state judiciary restricts access to case information or records considered too sensitive for public perusal or confidential under state or federal statutes. For example, the California Trial Court Records Manual outlines the following records as confidential:

• Medical records
• Mental health evaluations and related records
• Reports submitted by investigators for conservatorships
• Confidential Guardianship Screening Forms
• Confidential Supplemental Information Forms
• Social Security numbers, tax identification numbers, driver's license details, and protected addresses
• Capacity declarations
• Protective orders

Confidential documents or case details can only be viewed and obtained by case parties and other individuals authorized by California law or court order.

What is Probate Court in Santa Clara County?

The Probate Division of Santa Clara County's Superior Court handles decedents' will execution and settles the estates of deceased individuals. However, it also hears other cases, such as:

• Trusts
• Conservatorships
• Quarantine orders
• Guardianships
• Adoptions
• Name changes
• Minor's compromises
• Emancipation

Probate Court Case Lookup

Individuals can visit the Santa Clara courthouse to look up probate cases on public access terminals at no cost. They can also request research assistance from court staff but must provide the title, case name, file date, or case number of the case they want to view or purchase its records.

Those who cannot visit the county courthouse can order probate records by mail. They must include a self-addressed stamped envelope for delivery of copies, as well as the case numbers, case party names, titles, or filing dates of the relevant cases. Request can be mailed to:

Probate Division, Downtown Superior Court
191 North First Street
San Jose, CA 95113
Phone: (408) 882-2100 ext. 2450

The following are the fees an individual should expect to pay depending on the service they receive:

• Copies: 50 cents per page
• Certification: $40 per document
• Exemplification: $40 per document
• Record searches longer than 10 minutes: $15 per search

People who want their records in CD-ROM format can fill out the Order for Index CD-ROM form and submit it to the Santa Clara County Superior Court at:

Santa Clara County Superior Court
Attention: Finance-Revenue (FJC-8th Floor)
191 North First Street
San José, CA 95113

A CD-ROM contains a proceeding's case number, file date, title, status, disposition date, case type, party names and types, counsel's name and address, scheduled events, and associated case numbers, amongst other information.

How to Find Probate Records Online Free

The Santa Clara Superior Court's Case Information Portal allows individuals to find probate records generated within the county for free. Site visitors can search by case number, party name, business name, or filing date. Search results include case numbers, statuses, types, and filing dates. Selecting the "View Case" button reveals more details about a proceeding, such as the court locations, information about case parties and attorneys, case events (including file types and comments), and hearings.

How Long Does Probate Take in California

California law commands personal representatives of estates to finalize probate processes within a year of their appointment. However, an 18-month extension can be granted if they file federal estate taxes. Representatives must file status reports explaining to the court that more time is needed if the probate process cannot be completed within the statutory period. Failure to submit the report is grounds for beneficiaries to ask the court to demand an accounting or replace the representative.

However, factors such as will contests, representative disputes, complex and large estates, and hard-to-locate beneficiaries can prolong the probate process.

Are Wills Public Record?

Yes. Wills filed during Santa Clara probate proceedings fall under the superior court's open records. Thus, they can be accessed by members of the public using avenues provided by the Superior Court. However, wills submitted to the court for safekeeping are protected from public access. At the same time, wills still in the possession of custodians and not yet filed with the court can only be accessed by permitted individuals.

Moreover, courts can restrict access to deposited wills in specific situations to protect sensitive information or when hearing motions regarding sealing case records.

How to Find Out If Someone Has a Will

California Probate Code, Section 8200(a), commands custodians to file original wills with the Santa Clara probate court within 30 days of knowing that a testator has passed. Subsequently, any member of the public can retrieve a will by utilizing the court's online and offline methods for retrieving case records, provided the will has been probated.

If the will has not been filed with the court, interested parties can wait until the statutory period has elapsed or contact the will's custodian or executor. Individuals can also hire attorneys to explore different legal options for finding unfiled wills.

Santa Clara County Family Court Case Search

Anyone interested in family case records generated in the Santa Clara Superior Court can contact the Family Division. Proceedings heard in this section include child custody and visitation, dissolution of marriage (legal separation, annulment, and divorce), parentage, domestic violence, support (child, spousal, or family), arbitration and mediation, and restraining orders.

One can view or obtain Santa Clara family case records using the following options:

• The court's Online Case Information Portal
• Mail-in requests to the Family Division
• In-person requests at the courthouse

Note: Many family cases, such as adoption, determination of parentage, and other matters related to children, are filed under seal. Only case parties can access confidential records unless a court order permits access to a third party.