The San Francisco Probate Process, Step by Step

How long probate takes

The California Courts say the formal probate process typically takes 9 to 18 months and can take longer. ¹ Estates with disputes, multiple properties, hard-to-value buildings or tax issues usually sit at the longer end. Estates where the personal representative has full authority to sell real property without court confirmation can often move faster on the sale itself. See Selling Real Estate in Probate.

Timeline at a glance

Step 1: Find the will and confirm whether probate is needed

Look for an original will and any trust documents. Check how each property was titled. Property in a living trust, in joint tenancy, or with a transfer on death deed may pass outside probate. Smaller estates may qualify for simplified procedures. ¹⁰ See What Is Probate? for the current dollar limits.

For San Francisco real estate, the deed is recorded with the San Francisco Assessor-Recorder. You can request copies of recorded documents from that office. ¹¹

Step 2: File the petition

The person seeking appointment (usually the executor named in the will, or a close relative if there is no will) files a petition with the San Francisco Superior Court's Probate Department. The court then sets a hearing between 15 and 30 days after filing, or 30 to 45 days if the petitioner asks for the later window. ² The statewide filing fee for a first petition for letters is $435, and in San Francisco a local courthouse construction surcharge brings it to $450, per the civil fee schedule effective January 1, 2026. Fees can change, so confirm the current amount before filing. ³⁰

San Francisco probate hearings are held at 9 a.m. on Monday, Tuesday and Wednesday in Department 204 of the Civic Center Courthouse, 400 McAllister Street. ¹²

Step 3: Give notice

Notice of the hearing goes to heirs and beneficiaries and must also be published. The first publication must be at least 15 days before the hearing, and three publications in a newspaper published at least weekly are sufficient. ³

Step 4: The hearing and appointment

Before the hearing, the court may post a tentative ruling. San Francisco posts probate tentative rulings online or by phone one to three days before the hearing. ¹² If the petition is granted, the court appoints the personal representative and decides:

• Whether a bond is required. A bond is not required if the will waives it or all beneficiaries waive it in writing, though the court can still require one for good cause. ¹³
• Whether the representative gets authority under the Independent Administration of Estates Act (IAEA), and whether that authority is full or limited. This decision matters a great deal for real estate, because limited authority does not include the power to sell real property without court supervision. ¹⁴

The appointment takes effect when letters are issued. ⁴

Step 5: Notify creditors and agencies

The personal representative must give notice of administration to known or reasonably ascertainable creditors. ¹⁵ Creditors generally have until four months after letters are first issued to file claims, or 60 days after notice was mailed or delivered to them if that is later. ⁶ Notices also go to certain state agencies within 90 days after letters are first issued. ⁷

A recent change: for letters issued on or after January 1, 2026, Assembly Bill 1521 added a notice to the Department of Child Support Services in some situations. A 2026 bill (SB 1264) revises that notice rule again for letters issued on or after January 1, 2027. Ask the estate's attorney which version applies. ^{7, 16}

Step 6: Inventory and appraisal

The personal representative files an inventory and appraisal within four months after letters are first issued. ⁵ The personal representative appraises cash and similar items, such as bank accounts and checks. ¹⁷ A probate referee appraises everything else, which typically includes real estate. ¹⁸ The court designates the referee from those appointed by the State Controller for the county. ¹⁹

With the inventory, the personal representative must also certify that a change in ownership statement has been filed with the assessor for any California real property the decedent owned. ⁵ In San Francisco, that statement (form BOE-502-D) goes to the Assessor-Recorder. ⁸

Step 7: Manage the property

While the estate is open, the personal representative is responsible for estate property. For real estate, that usually means keeping insurance in place, paying property taxes, maintaining the building and, for rentals, continuing to manage tenants under San Francisco's rental laws. ²⁰ The Judicial Council's form DE-147, "Duties and Liabilities of Personal Representative," summarizes these responsibilities. ²¹

Step 8: Sell property if needed

Estate real estate can be distributed to heirs or sold. If it is sold, the rules depend on the representative's authority:

• Full IAEA authority: the sale can proceed with a Notice of Proposed Action to beneficiaries, at least 15 days before the sale, without a court confirmation hearing, unless someone objects. ^{22, 23}
• Limited authority, or no IAEA authority: the sale must be reported to the court and confirmed at a hearing, where other buyers may overbid. ²⁴

This is covered in detail in Selling Real Estate in Probate.

Step 9: Pay debts, taxes and expenses

Valid creditor claims, final income taxes and administration expenses are paid from the estate. California has had no estate tax since January 1, 2005, but federal estate tax rules still apply to very large estates, and final income tax returns are still due. ^{25, 26, 27} See Probate Costs and Taxes.

Step 10: Final distribution and closing

The personal representative petitions for an order for final distribution. If the estate cannot close within one year after letters (18 months if a federal estate tax return is required), the personal representative must file a status report instead. ⁹ After the court orders distribution and the property is transferred, the court can discharge the personal representative on request. ²⁹

Common reasons San Francisco probates take longer

• Disagreement among heirs about whether to keep or sell a property.
• A property that needs repairs, has tenants, or has unpermitted work, which affects pricing and buyer financing.
• Limited IAEA authority, which adds a court confirmation hearing to any real estate sale.
• Missing documents, such as an original will or old deeds.
• Creditor or tax issues that must be resolved before distribution.

Free, court-connected mediation is available for some probate disputes in San Francisco through the court's Probate Pro Bono Mediation Program. ²⁸

Sources

1. California Courts Self-Help Guide, "Overview of formal probate"selfhelp.courts.ca.gov
2. California Probate Code §8003leginfo.legislature.ca.gov
3. California Probate Code §8121leginfo.legislature.ca.gov
4. California Probate Code §8400leginfo.legislature.ca.gov
5. California Probate Code §8800leginfo.legislature.ca.gov
6. California Probate Code §9100leginfo.legislature.ca.gov
7. California Probate Code §9202leginfo.legislature.ca.gov
8. SF Assessor-Recorder, "A guide to property matters following an owner's death"sf.gov
9. California Probate Code §12200leginfo.legislature.ca.gov
10. California Courts Self-Help Guide, "When formal probate may not be needed"selfhelp.courts.ca.gov
11. SF Assessor-Recorder, "Get copies of recorded documents"sf.gov
12. San Francisco Superior Court, Probate Courtsf.courts.ca.gov
13. California Probate Code §8481leginfo.legislature.ca.gov
14. California Probate Code §10403leginfo.legislature.ca.gov
15. California Probate Code §9050leginfo.legislature.ca.gov
16. California Legislature, SB 1264 (2026), bill informationleginfo.legislature.ca.gov
17. California Probate Code §8901leginfo.legislature.ca.gov
18. California Probate Code §8902leginfo.legislature.ca.gov
19. California Probate Code §8920leginfo.legislature.ca.gov
20. SF Rent Board, "Learn about San Francisco rental laws"sf.gov
21. Judicial Council form DE-147selfhelp.courts.ca.gov
22. California Probate Code §10586leginfo.legislature.ca.gov
23. California Probate Code §10589leginfo.legislature.ca.gov
24. California Probate Code §10308leginfo.legislature.ca.gov
25. California State Controller's Office, Estate Taxsco.ca.gov
26. IRS, "What's new: Estate and gift tax"irs.gov
27. California Franchise Tax Board, "Deceased person (Decedent)"ftb.ca.gov
28. San Francisco Superior Court, Probate Pro Bono Mediation Programsf.courts.ca.gov
29. California Probate Code §12250leginfo.legislature.ca.gov
30. Judicial Council of California, Statewide Civil Fee Schedule (effective January 1, 2026), including San Francisco surcharge appendixcourts.ca.gov