Detailed Answer
Under California law, most probate court files are public records and open for inspection. To request copies of estate files from a county probate division, you must provide certain information and follow the court’s procedures. Below is a checklist of the essential details and steps.
Key Information to Provide
- Decedent’s Full Name and Date of Death
Clearly list the legal name exactly as it appears on the death certificate and the date of death. This helps the clerk locate the correct estate file. - Estate Case or File Number
If you know the probate case number (e.g., 20STPB00001), include it. If you don’t have it, supply additional filing details (see next item). - Filing Details
Provide the approximate date the estate was opened and the name of the appointed personal representative or executor. County clerks use this information to search their database if the case number is unknown. - Specific Documents Requested
Identify which documents you need, such as Letters Testamentary, petitions, accountings, inventories or final distribution orders. The clearer you are, the faster the clerk can pull the records. - Your Contact Information and Purpose
Include your full name, mailing address, phone number and an explanation of your interest (e.g., beneficiary, heir, attorney, title company). - Payment Method for Copy Fees
Courts charge per-page copy fees. Check your county’s fee schedule or see California Rules of Court, rule 2.956 for standard fees. Be prepared to pay by cash, credit card or check.
How to Submit Your Request
- Visit or Contact the Probate Clerk’s Office – Locate your county courthouse and ask for the probate records division.
- Complete Any Required Forms – Some courts have a Records Request Form available on their website.
- Submit Your Written Request – Hand deliver the form or mail it along with payment and a self-addressed stamped envelope if you want copies mailed back.
- Wait for Processing – Most courts process copy requests within 3–5 business days. Rush requests may incur extra fees.
- Receive Your Copies – Pick them up in person or receive them by mail, depending on how you filed the request.
California court records procedures are governed by the California Rules of Court. See Rule 7.101 on public access: https://www.courts.ca.gov/cms/rules/index.cfm?title=seven&linkid=rule7_101. If a file is sealed, you must obtain a court order demonstrating good cause under Rule 7.101(d).
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Check your county court’s website for online request forms and fee schedules.
- Call the probate division before you go to confirm hours and current fees.
- Ask for certified copies if you need them for title or insurance purposes.
- Keep a record of your request and payment receipt for follow-up.
- Allow extra processing time if you request large volumes of documents.