Self-Help Probate FAQs

Adoption

How can I find out if a child was legally adopted?

Adoption files are confidential. Only the attorneys to the parties, and the parties to the action, can look at the court file - with proper identification.

Once parental rights are terminated by a Court Order or the birthparents have signed their consent to the adoption, the child or children no longer belong to the birthparents.

For more information, see our web page on  Adoption Birth Records . For general information about adoption, go to our  Adoption home page .

In response to your question about whether it possible to be adopted by US citizen, we would suggest that you seek legal advice, which the Court is not able to provide. You can find a probate lawyer from the membership list of the  Silicon Valley Bar Association’s website  . You can also get a referral to a lawyer from the  Santa Clara County Bar Association   (phone number is 669-302-7803 ), or check the following legal aid links:

If you have someone in mind who lives in the US and who is agreeable to an adult adoption, you would have to find out what the laws are that apply in the state where they live.

If the individual who is willing to adopt you lives in Santa Clara County in California, you might start by reviewing our web page on  adult adoption , although adoption of a non-US citizen is not addressed.

Conservatorship

 I haven't received my disability money for the past two weeks.  My Conservator refuses to download my money to my checking account. What can I do?
Answer: Contact the Court Investigator's Unit at (408) 882-2761 .

Name Change

How to change a name on a child's birth certificate?

In cases of a simple name change for a child, you can start by visiting our web page on  Name Change  and reading the tab about changing a name for a child/minor. You will find links to forms on that page.

If you still have questions after reviewing that page, you may want to contact the Santa Clara County Clerk-Recorder's Office at (408) 299-2481 . You can also  visit their website  .

The case you describe, however, where the issue is the father's last name, can be more complicated. In this situation there are paternity issues involved. Please see the  Family Self-Help FAQ on paternity on a birth certificate .

I am in the process of changing my name. Which newspapers in this county are qualified to publish orders and notices? 

Answer: Click to see the Probate  list of newspapers of general circulation  .

Property, Wills and Trusts

How can someone find out if they are named in a will?

Probate Code Section 8200(a)   requires that the original will must be filed with the court in the county where the person who dies resided within 30 days after the person's death.

If Santa Clara is the county, then you can come down to our Record's Division at the  DTS Courthouse  in downtown San Jose, and request that we pull the will for you to see. We need to know the full name of the deceased and the year that the individual died.

There will be a fee for each year that is researched, and a copying fee per page. (Check fees listed in the  local fee schedule  .)

You can also make a request by mail. Since you do not know the length of the will, you can write a check and indicate that the amount should not exceed whatever you estimate the cost will be and we will fill in the actual amount. Please include a self-addressed stamped envelope.

The mailing address would be: Probate Division,  Downtown Superior Court , 191 N. First Street, San Jose, CA 95113.

You can check online to see if a probate case has been filed. We have a list of probate cases on the  Case Information Portal  .

If you know that there is a will and it is not filed with the court, then you should contact an attorney to determine what your options are. You can find a probate lawyer from the membership list of the  Silicon Valley Bar Association’s website  . You can also get a referral to a lawyer from the  Santa Clara County Bar Association  . Their phone number is 669-302-7803 . You may also want to refer to our  Free & Low-Cost Legal Help page .

How can I find out who is the executor of my business partner's estate?

If there was Probate filed, you can get copies from the Court's Records Division. See the  Civil Case Records FAQ  for more information.

The death certificate is recorded at the  County Clerk Recorders Office   at 70 West Hedding St. in San Jose. However, the death certificate will not list the executors.

If there was a Will and Probate filed, it is the petitioner or the attorney for the petitioner's responsibility to notify everyone named on the will. The Petitioner is the person who files a Petition to Probate an Estate whether there is a Will or not depending on the situation of the Estate. The petitioner normally gets appointed as executor if there is a Will or administrator if there is no Will.

What is a Quit Claim Deed and where can I find one?

A quit claim deed is a document which states the release of someone’s claim or interest on a certain real estate property. Quit claim deeds are sometimes used in situations such as transferring real estate property between family members.

The deed is not a local or state form. To obtain the form, check at stationary stores or title company offices. You can also try doing an internet search (such as with Google) on the phrase "quit claim deed form."

Other

How can I access or get copies of a document in a Probate file?

A request for copies or certified copies of documents for Probate matters should be directed to Superior Court Records Division, 191 N. First St., San Jose, Ca 95113, if those documents/papers were filed with the Court. Or come to Records in person at  DTS  in downtown San Jose.

You can also contact Records Division by telephone at (408) 882-2100 ext. 2450 .

Check the  local fee schedule   on the  Fees page  for information on copy fees.

For more information about copies of court files, see the  Civil FAQ on accessing court records .

See the  Court transcript page  for information on obtaining a copy of a court transcript.

See info on  court transcripts  in the Online Services section of this site

How can I find out about probate sales or foreclosures?

The Probate Division of the Court is not involved in probate sales or foreclosures.

Local newspapers may contain information regarding probate sales (see  list of newspapers  ), or you may be able to search for probate sale information online.

There are sometimes probate sales outside of the  Downtown Superior Court  on the Market Street side by private individuals. These sales can be conducted here because it is a public place. Although the Court does not post information about probate sales, notices may be posted in the courthouse on a public bulletin board, located on the first floor lobby.

Where are the local and state pages for these?

Other Assistance

If you are unable to find the answer to your Family Court-related question after reviewing the pages in our  Probate Self-Help section  of this website, the  Probate Division pages , and the  Frequently Asked Questions above , you can contact our Probate Department by email at  ssprobinfo@scscourt.org . If your question is not covered on the Court's websites, we will do our best to respond to your question within 48 hours.

We cannot give legal advice, only legal information. Please refer to our  Free & Low-Cost Legal Help page , and consider visiting our  Self-Help Center/Family Law Facilitator's Office .

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