Self-Help Probate Property Transfers

This page answers questions such as What is probate? Is probate needed? What if I'm named executor? What if there's no will? What if it's contested? Find out whether a lawyer should be involved to help.

What it means to be named "Personal Representative" and what duties are involved. Read about inventorying assets and dealing with any debts, liabilities, and creditor claims. Find out the Court's role in all of this.

How to close the estate and distribute the assets. Find out what paperwork is needed and what costs are involved. Read about common errors made when completing the final account, report and petition for final distribution.

How to get appointed as personal representative, and file the Petition for Probate and other necessary forms. Read about how to "Prove a Will."

A flowchart from filing the Petition for Probate to the final distribution of assets and final filing of papers, including tax returns, if required.

Probate Referees are assigned by the Court Clerk. The Referees page has contact information for the Referees in Santa Clara County.

There are "simplified procedures" for transferring property when the estate is worth under a certain amount.

Answers to questions such as what is a trust and a trustee? What powers and duties does a trustee have?

See the Probate Resources page for community and national organizations that may help with probate issues.