Probate Court - Overview Print this Page
Phone: (415) 444-7040
Email: probate@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:30am - 3:30pm




Wills Lodged. Upon a person's death, individuals must lodge the decedent's will with the Court. This must be done within thirty (30) calendar days of the decedent's date of death.

Hearings. Probate matters are heard each Monday at 8:30 a.m. Probate matters are calendared for hearing by the Civil Clerk's Office. Individuals may call the probate clerk at (415) 444-7040, Option 4 to obtain the next available hearing date. All matters which require a hearing will be assigned a calendar date upon filing of the petition.

Probate Examiner. The purpose of the Probate Examiner is to review all documents related to decedents' estates, conservatorships, and guardianships for procedural correctness before they are acted on by the Court at the hearing. The Probate Examiner advises counsel or self represented litigants of defects in the documents filed with the Court and recommends changes.

Probate Court Investigators. Court investigators primarily assist the Court in cases involving conservatorships, guardianships and, occasionally, stepparent adoptions. Court investigators have specialized training in social work, accounting, mental health and criminal justice.

New Case Filings.

Due to the length of time it takes to initiate a new lawsuit, documents received in the clerk’s office after 3:00 p.m. will be time stamped with the current date and processed the following court business day. The date of filing will be the time stamped date. See more information about procedures for filing court documents by clicking here.

To contact the Probate Court Investigators please call 415-444-7090.

  • Conservatorships - California law requires court investigators to carefully assess the living situations, general health and well-being and finances of conservatees or potential conservatees to ensure that conservators are acting in the best interests of conservatees. Investigators must visit conservatees regularly, review health and medical records, examine financial accountings prepared by conservators, and prepare reports for the Court on their findings.
  • Guardianships - Court investigators review and report on the qualifications of people who are seeking court appointment as guardians for children. These investigations include site visits and interviews with proposed guardians to determine the potential impact of the physical, emotional and social environment on the children.
  • Stepparent Adoptions - Court investigators conduct interviews with all family members related to the adoption of a stepchild by a stepparent and prepare reports for the Court on their findings.

Ex Parte Hearings. Ex parte hearing requests may be calendared by calling the Probate Examiner at (415) 444-7315.

Tentative Rulings. Tentative rulings in Probate cases are posted on the Court's website. Click here. Tentative rulings are available after 12:00 p.m. on the court day preceding the hearing date.

Below is specific information on:



Overview

The Probate Court has jurisdiction over the following types of matters:

  • Decedent's Estate and Trusts
  • Guardianships
  • Conservatorships [including Limited Conservatorships (developmentally disabled persons) and Lanterman-Petris-Short Act (LPS) Conservatorships)]
  • Other Probate Case Types (including Commitments of Developmentally Challenged Persons; Establishment of Fact of Birth, Death or Marriage; Minor's Compromise; and Riese Hearings)
 
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