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Self-Help Probate Court Location

Probate Court Location

Probate Court is at Downtown Superior (DTS) Court in San Jose. Go to the DTS page for the DTS location, hours and phone number. The Probate Clerk’s Office is in Room 107 of the DTS courthouse.

The court is closed on court holidays. There are several people in the probate department who can give you information:

Probate examiners

A probate examiner is a person employed by the court to review filings in probate proceedings in order to assist the court and the parties to get the filed matters properly ready for consideration by the court in accordance with the requirements of the Probate Code, the rules in title 7 of the California Rules of Court, and the court's local rules.

The examiner will review the case filings and write a summary for the probate judge. [See Local Probate Rule 1.H]

If the petition is not complete or does not meet all legal and court rules, parties may file additional submissions to correct procedural deficiencies, and the Court in its discretion, may consider such filings in making its order. The probate Examiner cannot discuss in detail or advice parties of corrective action that may be taken.

Probate staff attorney

The probate staff attorney helps the judge review cases set for hearing. S/he is also available to the court staff, attorneys and the public to answer questions about court procedure.

The probate staff attorney also reviews all urgent and uncontested temporary petitions and ex parte petitions. and hearings on a shortened notice basis (less than 15 days notice). [See Local Probate Rule 2.B ]

To speak to the probate staff attorney, call (408) 882-2100 to schedule an appointment.

Online information on pre-approved matters

The probate examiners sometimes pre-approve certain types of petitions without a hearing.

To see if your petition was pre-approved, visit the Probate Advance Case Status Reports webpage. If a party does not have access to the internet, the ASCRs may be accessed by calling Court Services at (408) 882-2515.

Remember: Probate cases are complicated. You will need to learn new words. Visit the Probate Glossary page with Probate Terms. You will need to learn about the Court’s rules and procedures. Refer to the Local Probate Rules of Court.

If you need more help, talk to a lawyer. You can get a referral to a lawyer from the Local Bar Association in Santa Clara County. Their phone number is 669-302-7803 . You may also want to refer to our Free & Low-Cost Legal Help page.