Estate Claim Form For Patients In Santa Clara
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
Probate Court is different for everyone. No two people are the same, and no two Wills are the same. If the Estate has just a few assets and little debt, you can expect a more straightforward process. Otherwise, Probate can take anywhere from 9 months to several years.
Under California law, probate must be completed within one year from the date the executor or administrator is appointed. However, in practice, the process often takes 12 to 18 months, with larger or more complex estates potentially extending beyond two years.
After probate is granted, debts are assessed, and all owes are compensated, then the beneficiaries can start to receive their inheritance. The distribution itself can also take time, sometimes between 3 to 6 months, in fact.
In Santa Clara County, all probate filings must get filed electronically. It can take up to 10 days, or longer, to receive filed documents back from the court. The hearing date could be 2.5 to 3 months from the time a petition is filed. There are local court rules and procedures that must get followed.
To speak to the probate staff attorney, call (408) 882-2100 to schedule an appointment. The probate examiners sometimes pre-approve certain types of petitions without a hearing.
In other words, heirs receive their inheritance at the end of the probate proceeding. Generally, this is at least 10-18 months after the probate petition is initially filed with the court. Once the judge has issued the order for distribution, estate heirs can expect to receive an inheritance check within a few weeks.
Letters Testamentary, or the letter of administration form, also known as Judicial Council of California Form DE-150, is what the Santa Clara County Probate Court issues at the time of, or after the hearing petitioning the court for an order for probate.
