Property Transfers at Death

  Simplified Probate Procedures
  FAQ's - Probate a Decedent's Estate
  Probate Process Diagram
  Preparing the Petition
  Administering the Estate
  Closing and Distributing the Estate
  Trusts

  Probate Help for Children

  Adoption
  Guardianship
  Emancipation
  Name Change
  Minor's Compromise
  Protecting a Child's Assets
  Community Resources

  Help for Adults/Elders

  Conservatorship
  LPS Conservatorship
  Conservatorships for Developmentally Disabled Adult (Limited Conservatorships)
  Medi-Cal
  Name Change
  Adult Adoption
  Dependent Adult/Elder Abuse
  Restraining Orders

  Financial & Medical Decision Making

  Durable Power of Attorney
  Health Care Decision Making
  Living Trusts

  Petitions to Establish Birth, Death or Marriage

  Resources & Referrals

  Frequently Asked Questions
  California Probate Referees

  Local Probate Rules
  Probate Forms
  Probate Fees
  Finding a Probate Lawyer
  Probate Terms
  Probate Court Location
  Self-Service Home
  Main Court Site
  Case Info Site

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Probate Court

Probate Court - Introduction
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This section gives you information about probate court in Santa Clara County.

Probate court handles cases about people who cannot represent themselves.

Probate cases can be about:

• children (like adoption and guardianship),
• incompetent adults (like conservatorships or elder abuse restraining orders),
• handling the estates of people who have died, or
• planning for your old age and death (wills and trusts).

Probate cases can be complicated. We recommend you talk to an experienced probate lawyer. This will help you to understand the risks and responsibilities of your case. Click here to find a probate lawyer.

 If you would like to see information about a particular case or find out about a hearing date, click here to visit our public access Case Info website. However, you will not be able to look up information on confidential cases, including cases involving adoptions and mental health issues.

Matters in Probate Court are affected by California State statutes, including those found in the State Probate, Civil, Family and Welfare & Institutions codes. The home page for California Law, where all California Codes are available online, is at web address http://www.leginfo.ca.gov/calaw.html. You can look up a code at this website.

Click on a topic below for more information:

Children

• Adopt a child
• Change a child’s name
• Guardianship
• Emancipation
• Protect a child's assets
• Minor’s compromise (when a child gets a legal settlement)

Elders and incompetent adults

• Making health care decisions
• Elder and dependent adult abuse
• Elder abuse restraining orders
• Conservatorships
• Limited convservatorships for developmentally disabled adults
• LPS conservatorships for adults with mental illnesses or other disabilities
• Adult adoption
• Change an adult’s name
• Medi-Cal (what it will cover) and nursing home care
• Handle settlement money received by an incompetent adult (incompetent’s compromise)

Handling the estate of someone who dies and how to plan for your old age

• Property transfers at death
• Powers of attorney
• Health care decisions and Advanced Directives
• Trusts
• Living trusts and estate planning
• Set aside money for a child without a trust

Other topics & resources

• Probate Court location and staff
• Establish a fact of birth, death and marriage
• Change your name
• Legal clinics and community resources
• Terms you need to know
• Court rules for probate cases
• Court forms for probate cases
• Filing fees for your court papers (at the court's main site)
• Help at the Self-Service Center

Things you cannot do at this web site:

• Get legal advice
• Electronically file documents

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