San Francisco Probate: A Plain-English Guide for Executors, Heirs and Families

When someone dies owning property in San Francisco, their family often hears the word "probate" for the first time. This guide explains what probate is, when it is needed, how the San Francisco Superior Court handles it, and what happens when the estate includes a house, condo or apartment building.

This site is educational. It is not legal advice. For decisions about a specific estate, speak with a California probate attorney.

Why trust this guide

93Official sources linked
55California code sections cited
42Questions answered

Everything here is drawn from California law, the California Courts, the San Francisco Superior Court and city agencies. Each statement links to its source so you can check it yourself.

Sources this guide relies on

  • California Legislature
  • California Courts
  • SF Superior Court
  • SF.gov
  • IRS
  • BOE

What is probate?

Probate is the court process used to transfer property after the owner dies. A will does not, on its own, avoid probate. 1

Where is probate handled in San Francisco?

At the San Francisco Superior Court's Probate Department, Civic Center Courthouse, 400 McAllister Street, Department 204. 2

How long does it take?

The California Courts say formal probate typically takes 9 to 18 months and can take longer. 3

When can an estate skip probate?

Common examples: property held in a living trust, joint tenancy, a transfer on death deed, property passing to a surviving spouse, and small estates under the current dollar limits. 4, 5

What are the current small estate limits?

For deaths on or after April 1, 2025: $208,850 for the personal property affidavit, $69,625 for the small real property affidavit, and up to $750,000 for a decedent's primary residence through a court petition. 6

Can a house be sold during probate?

Yes. Depending on the authority the court grants, the sale may need court confirmation, a minimum price of 90% of the appraised value, and an open overbid at a hearing. 7, 8

Who usually needs this guide

  • A named executor in a will who has just learned they need to open probate.
  • A family member of someone who died without a will and owned San Francisco real estate.
  • Heirs trying to understand when they will receive property or sale proceeds.
  • A successor trustee wondering whether a trust property needs court involvement.
  • Attorneys and fiduciaries looking for a fast reference to San Francisco specifics.

The professionals you may need

Probate involves several roles. Knowing who does what helps you ask the right person.

RoleWhat they doWho appoints or hires them
Personal representative (executor or administrator)Manages the estate, pays debts, sells or distributes propertyThe court appoints them by issuing "letters" 9
Probate attorneyPrepares and files court papers and advises the personal representativeHired by the personal representative
Probate refereeAppraises the estate property the personal representative does not appraise, which typically includes real estateDesignated by the court from the State Controller's list 10
Real estate broker or RealtorValues, markets and sells estate real estate under the court's rulesHired by the personal representative; the court sets the commission on confirmed sales 11
Tax professionalFinal income tax returns and any estate tax filingsHired by the personal representative

If the estate includes real estate in San Francisco, it helps to bring in an agent who has handled court-confirmed sales early, before the property is listed. See Selling Real Estate in Probate.