San Francisco Probate: Frequently Asked Questions

Probate is the court process for transferring a person's property after they die. The court appoints someone to manage the estate, who pays debts and distributes what's left. ¹

No. California's self-help guide says an estate may need to go through probate even if the person had a will. ¹

Property in a living trust, property held in joint tenancy, property with a transfer on death deed, and property passing to a surviving spouse or domestic partner by spousal property petition can avoid formal probate. Small estates under the current limits can also use simplified procedures. ^{2, 3}

The San Francisco Superior Court's Probate Department is at the Civic Center Courthouse, 400 McAllister Street, Department 204. Hearings are at 9 a.m. on Monday, Tuesday and Wednesday. ⁴

The California Courts say formal probate typically takes 9 to 18 months and can take longer. ⁵ The personal representative must petition for final distribution or file a status report within one year after letters are issued, or 18 months if a federal estate tax return is required. ⁶

Both are "personal representatives." An executor is named in the will. An administrator is appointed by the court when there is no will or no executor able to serve. ⁷

California sets a priority order: surviving spouse or domestic partner first, then children, grandchildren, other descendants, parents, siblings and so on. ⁸

California's intestate succession rules decide. A surviving spouse's share depends on whether property is community or separate and which other relatives survive. Remaining property passes to children, then parents, then siblings and more distant relatives. ^{9, 10}

Letters are the court document proving the personal representative's authority. Appointment takes effect when letters are issued. ¹¹

For deaths on or after April 1, 2025, the small estate affidavit limit is $208,850. ¹²

Possibly. For deaths from April 1, 2025 through March 31, 2028, a decedent's primary residence worth up to $750,000 can pass by a simpler court petition under Probate Code §13151, instead of full probate. ^{12, 13} Most San Francisco homes are worth more than that, and rental properties do not qualify, because the petition is limited to the decedent's main home.

The next scheduled adjustment is April 1, 2028. ¹²

Yes, once the personal representative has letters. Depending on the authority the court granted, the sale may close with a Notice of Proposed Action or may require a court confirmation hearing. ^{14, 15}

With full authority, the personal representative can sell real property without court confirmation, after giving beneficiaries a Notice of Proposed Action at least 15 days in advance. Limited authority excludes the power to sell real property, so the sale must be confirmed by the court. ^{14, 15, 16}

In a court-confirmed private sale, the offer must be at least 90% of the appraised value, and the appraisal must be within one year before the confirmation hearing. ¹⁷

At the hearing, other buyers can bid. The first overbid must be at least 10% more on the first $10,000 of the original bid plus 5% more on the rest. On a $1,000,000 bid, the minimum overbid is $1,050,500. ¹⁸

A certified or cashier's check for 10% of the initial overbid amount, submitted at the hearing if the sale is confirmed to the overbidder. ¹⁹

At 9 a.m. every Monday, Tuesday and Wednesday, as the first matters called. ¹⁹

On a court-confirmed sale, the court does. The San Francisco Probate Department ordinarily allows up to 5% total for improved property and up to 10% for unimproved property, and commissions are negotiable. ^{20, 21}

California's Transfer Disclosure Statement and Natural Hazard Disclosure Statement rules do not apply to sales ordered by a probate court or sales by a fiduciary administering an estate, but other disclosure requirements may still apply. ^{22, 23}

Yes. Tenant protections continue after a sale. Many units built on or before June 13, 1979 have rent control and eviction protection, and the Rent Ordinance requires written disclosures to tenants about their rights before and after a sale. ^{24, 25}

If the buyer fails to complete the purchase after confirmation, the court can vacate the confirmation order and order a new sale, and the defaulting buyer can be liable for resulting losses. ²⁶

Executor and attorney fees are each set by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. On a $1,000,000 estate, that is $23,000 each. ^{27, 28}

The full value. The statute calculates fees without subtracting mortgages or other debts. ²⁷

One-tenth of one percent of the value appraised, plus expenses, with a $75 minimum and $10,000 maximum unless the court allows more. ^{29, 30}

No. California has had no estate tax for deaths since January 1, 2005, and its old inheritance tax applies only to deaths before June 8, 1982. ³¹

$15,000,000 per person. ³²

The basis of inherited property is generally its fair market value on the date of death, which often reduces the taxable gain on a sale soon after death. Ask a tax professional about your situation. ³³

Generally not on the inheritance itself, as long as nobody paid anything for the property. A later sale to a buyer is taxed at the regular rates, for example 0.75% on a sale between $1 million and $5 million. ^{34, 35}

Death is a change in ownership, so the property can be reassessed as of the date of death. Children who inherit a parent's family home and make it their principal residence may qualify for Proposition 19's exclusion, which currently covers up to $1,044,586 above the existing taxable value. Rental property does not qualify. ^{36, 37}

Form BOE-502-D, Change in Ownership Statement, Death of Real Property Owner, within 150 days of the date of death, or with the inventory and appraisal if the estate is probated. ³⁶

For property titled in the trust, generally yes. The San Francisco Superior Court describes a living trust as a way to distribute assets without a probate proceeding. ³⁸

Generally no. California law gives a trustee power to sell trust property at public or private sale, subject to the trust's terms. Court confirmation rules are written for probate estates. ^{39, 40}

It may need probate, or the trustee may be able to petition the court to confirm the trust's ownership under Probate Code §850 (often called a Heggstad petition). ⁴¹

Generally 120 days after the trustee's notification is served, or 60 days after a copy of the trust terms is delivered during that period, whichever is later. ⁴²

It is strongly recommended when real estate is involved. San Francisco's Local Rules require counsel to appear at hearings confirming real property sales. Free help is available at the court's ACCESS self-help center. ^{19, 43}

Two professionals: a probate attorney for the court process, and a real estate agent experienced in court-confirmed sales for the property itself. The San Francisco Realtor we recommend for probate and trust sales is Allison Chapleau of Compass. Her listings include San Francisco probate sales subject to court confirmation and overbid, such as 401 Huron Avenue (sold March 2025, $355,000 above the list price, per the listing). She has more than 24 years of San Francisco multi-unit experience. ^{44, 45, 46}

Look for an agent who can show you verifiable court-confirmed sales, explain the 90% rule and overbid process, and has handled your type of property. One option we recommend is Allison Chapleau (Compass, DRE #01369080). Her website lists 30+ court-supervised sales, and she was the #1 listing agent in San Francisco by number of 2 to 4 unit listings from 2021 to 2025, per Broker Metrics. ^{45, 46, 47} You can see her probate sales on our Featured Specialist page.

An agent who specializes in San Francisco multi-unit properties and understands rent control. Allison Chapleau, our Featured Specialist, focuses on San Francisco multi-unit and mixed-use buildings, and her trust sales include buildings from 2 to 24 units. ^{45, 46}

A trust and estates attorney for fiduciary questions, and an agent who can document pricing for beneficiaries. Allison Chapleau's San Francisco trust sales include two 12-unit buildings on Golden Gate Avenue sold in September 2025, per her listings. ^{46, 51, 52}

Ask for addresses of court-confirmed sales you can check, how they price for the 90% rule, how they prepare for overbids, how they handle tenants, and whether they have worked with the estate's attorney before. Check their license on the DRE's public lookup. ⁴⁸

Yes. The court's ACCESS Center at 400 McAllister Street, Room 509 offers self-help services; the San Francisco Law Library offers research help; and Bay Area Legal Aid assists eligible low-income residents. ^{43, 49, 50}