San Francisco Probate: A Plain-English Guide for Executors, Heirs and Families
When someone dies owning property in San Francisco, their family often hears the word "probate" for the first time. This guide explains what probate is, when it is needed, how the San Francisco Superior Court handles it, and what happens when the estate includes a house, condo or apartment building.
This site is educational. It is not legal advice. For decisions about a specific estate, speak with a California probate attorney.
Why trust this guide
Everything here is drawn from California law, the California Courts, the San Francisco Superior Court and city agencies. Each statement links to its source so you can check it yourself.
Sources this guide relies on
- California Legislature
- California Courts
- SF Superior Court
- SF.gov
- IRS
- BOE
Quick answers
View all 42 questionsWhat is probate?
Probate is the court process used to transfer property after the owner dies. A will does not, on its own, avoid probate. 1
Where is probate handled in San Francisco?
At the San Francisco Superior Court's Probate Department, Civic Center Courthouse, 400 McAllister Street, Department 204. 2
How long does it take?
The California Courts say formal probate typically takes 9 to 18 months and can take longer. 3
When can an estate skip probate?
Common examples: property held in a living trust, joint tenancy, a transfer on death deed, property passing to a surviving spouse, and small estates under the current dollar limits. 4, 5
What are the current small estate limits?
For deaths on or after April 1, 2025: $208,850 for the personal property affidavit, $69,625 for the small real property affidavit, and up to $750,000 for a decedent's primary residence through a court petition. 6
Who usually needs this guide
- A named executor in a will who has just learned they need to open probate.
- A family member of someone who died without a will and owned San Francisco real estate.
- Heirs trying to understand when they will receive property or sale proceeds.
- A successor trustee wondering whether a trust property needs court involvement.
- Attorneys and fiduciaries looking for a fast reference to San Francisco specifics.
The professionals you may need
Probate involves several roles. Knowing who does what helps you ask the right person.
| Role | What they do | Who appoints or hires them |
|---|---|---|
| Personal representative (executor or administrator) | Manages the estate, pays debts, sells or distributes property | The court appoints them by issuing "letters" 9 |
| Probate attorney | Prepares and files court papers and advises the personal representative | Hired by the personal representative |
| Probate referee | Appraises the estate property the personal representative does not appraise, which typically includes real estate | Designated by the court from the State Controller's list 10 |
| Real estate broker or Realtor | Values, markets and sells estate real estate under the court's rules | Hired by the personal representative; the court sets the commission on confirmed sales 11 |
| Tax professional | Final income tax returns and any estate tax filings | Hired by the personal representative |
If the estate includes real estate in San Francisco, it helps to bring in an agent who has handled court-confirmed sales early, before the property is listed. See Selling Real Estate in Probate.
San Francisco Probate Real Estate Specialist
Allison Chapleau
Senior Vice President, Compass Commercial Brokerage
Selling a San Francisco property that's in probate or held in a trust? Allison has more than 24 years of San Francisco multi-unit experience, and her sales include court-confirmed probate sales and trust sales across the city.
Reach out to Allison about:
- Pricing an estate property for court confirmation
- Listing a probate property and the overbid process
- Selling an inherited rental building with tenants
- Trust sales and beneficiary documentation
Sources
- California Courts Self-Help Guide, "Guide to property after someone dies"selfhelp.courts.ca.gov
- Superior Court of California, County of San Francisco, Probate Courtsf.courts.ca.gov
- California Courts Self-Help Guide, "Overview of formal probate"selfhelp.courts.ca.gov
- California Courts Self-Help Guide, "When formal probate may not be needed"selfhelp.courts.ca.gov
- San Francisco Superior Court, Trustssf.courts.ca.gov
- Judicial Council form DE-300, Tables of Adjustments (deaths on or after April 1, 2025)courts.ca.gov
- California Probate Code §10309leginfo.legislature.ca.gov
- California Probate Code §10311leginfo.legislature.ca.gov
- California Probate Code §8400leginfo.legislature.ca.gov
- California Probate Code §8920leginfo.legislature.ca.gov
- California Probate Code §10161leginfo.legislature.ca.gov