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Probate Court
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- Probate a Decedent's Estate
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Probate Court
Probate Court Location and Staff in Santa Clara County
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Click here for the
Probate Court's location, hours and phone number at Downtown Superior
Court in San Jose. The Probate Clerk’s Office is in Room 104 of the
courthouse.
The court is closed on
court
holidays.
There are several people in the probate department who can give you
information:
| Probate examiners |
The examiners review all petitions supporting
documents set for hearings in the probate court to make sure they are
complete and agree with California law, local court rules, and other
requirements (like publication and notice).
The examiners usually review the petitions about 3 days before the
hearing. Then, they write a summary for the probate judge and
recommend if a petition should be pre-approved [Local
Probate Rule 1.G].
If your petition is not complete or does not meet all legal and court
rules, the examiner can recommend your hearing be postponed
(continued). [Local
Probate Rule 1.H]
If there are problems with any of your documents, the examiner will
call you. |
| Probate staff attorney |
The probate staff attorney helps the judge review
cases set for hearing.
S/he is also available to the court staff, attorneys and the public to
answer questions about court procedure.
The probate staff attorney also reviews all urgent and uncontested
temporary petitions, ex parte
petitions, and hearings on a shortened notice basis (less than 15
days' notice). [Local
Probate Rule 2.E]
To speak to the probate staff attorney, call (408) 882-2100 to
schedule an appointment. [Local
Probate Rule 1.I] |
| Recorded information on pre-approved matters |
The probate examiners sometimes pre-approve certain
types of petitions without a hearing. To see if your petition was
pre-approved, call the day before your hearing after 9:00 a.m.:
(408) 882-2100 extension 2650.
This information is also available online. |

Remember:
Probate cases are complicated. You will need to learn new words. Click to
see page with Probate Terms.
You will need to learn about the Court’s rules and procedures. Click
to see page with links to Court rules.
If you need
more help, talk to a lawyer. Click to see page on
finding a Probate lawyer.
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