• file probate in san diego

File Probate in San Diego County

If you are looking for help to file probate in San Diego County, A People’s Choice is a low-cost alternative to hiring a San Diego probate attorney. Filing probate in San Diego can be a tricky endeavor. Unfortunately, this court has many unique rules and procedures that differ from the mainstream probate process in most other counties. As a result, filing probate in San Diego County can be difficult without some type of professional help. A People’s Choice has helped many self-represented people successfully file probate in San Diego. Furthermore, we often assist attorneys who find themselves in the middle of a probate case in San Diego, but not familiar with the San Diego probate process and the paperwork.

Local Rules to File Probate in San Diego

All San Diego Probate matters are filed in the Probate department in the Madge Bradley Building at 1409 Fourth Avenue, San Diego, CA 92101. The local rules for the San Diego Probate Court can be found here. At the time of this writing, there are approximately 30 pages that detail San Diego’s local probate rules.

One of the more recent changes to the San Diego Probate Court’s local rules is the new mandatory electronic filing requirement for all probate matters. As a result, probate documents can now only be filed through the San Diego Probate Court’s approved electronic service provider, One Legal. Documents must also comply with the local rules and California Rules of Court 2.250-2.261.  More specific information on San Diego’s electronic filing procedure can be found on the court’s website. Furthermore, this new electronic filing requirement adds another burden on self-represented individuals who are trying to complete the probate process on their own. As a result of the new rules, A People’s Choice facilitates the electronic filing of the probate documents for our clients who are filing probate in San Diego County.

San Diego Probate Court’s Special Requirements

Although certainly not an all-inclusive list, the following identifies some of the unique intricacies of the court when a person wants to file probate in San Diego County:

  • All probates must be electronically filed.
  • The notice to Electronic Assignment must be served on all parties with the Petition.
  • All original wills must be blue-backed.
  • There is a $50 fee to lodge original wills.
  • A special Declaration signed by the newspaper publisher must be filed regarding the newspaper publication process in addition to the standard proof of publication required by other counties.
  • A detailed list of all existing creditors must be filed with the probate Petition.
  • Dispersing the estate prior to approval of the Petition for Final Distribution creates obstacles in the last stage of the process.

Probate Examiner’s Notes for San Diego Probate Cases

As with most other courts, the San Diego Probate court posts probate examiner’s notes before scheduled hearings. For example, when filing probate in San Diego County, you can view the probate examiner’s notes online for probate hearings that are scheduled for the upcoming week. Most noteworthy, we have observed that probate filings in San Diego are scrutinized more critically than filings in other counties. For this reason, supplemental pleadings are often required to clarify concerns or questions of the probate examiner.

It is quite common that the hearings on finalizing a Petition for Probate or Petition for Final Distribution in San Diego probate matters often take multiple court appearances. In this regard, it is important to stay on top of notes posted by the probate examiner when there is a scheduled hearing. Furthermore, questions about the probate examiner’s notes may be made via email no earlier than two weeks before the scheduled hearing. The probate examiner can be emailed at CentralProbateExaminerNotes@sdcourt.ca.gov. Unfortunately, this is only helpful if the notes have actually been posted for review. Refer to the court’s website for other rules about emailing the probate examiner.

In conclusion, if you need help to file probate in San Diego County, contact A People’s Choice. Using our San Diego probate services can help to eliminate the stress and confusion out of their unique and complex probate process. More importantly, you will save thousands of dollars as compared to the statutory attorneys fees that probate attorneys charge. Call us today at 800-747-2780.

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By |2018-01-18T15:46:51+00:00June 6th, 2016|Probate|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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