Detailed Answer
When someone dies, interested parties often need to confirm whether a probate estate has been opened for that decedent. In California, probate cases are public records and are filed in the Superior Court of the county where the decedent lived. Follow these steps:
- Identify the appropriate county. Probate petitions are filed in the county where the decedent had their primary residence at the time of death (Prob. Code § 8000).
- Search the court’s online case index. Many California Superior Courts offer free public access to probate case registers. Visit the court’s website, navigate to the Probate or Civil e-Filing section, and enter the decedent’s full name. Results will show case numbers, filing dates and the status (e.g., open, closed, or dismissed).
- Visit or contact the court clerk’s office. If online records are unavailable, go to the courthouse in person. Ask the clerk to search the probate register of actions by decedent name. There may be a small fee for printed copies.
- Review the register of actions. Once you locate the case, review the register for entries such as “Petition for Probate,” “Letters Testamentary,” or “Letters of Administration.” An entry titled “Petition for Probate” confirms the estate has been opened.
- Request certified documents, if needed. If you need proof of appointment as executor or administrator, request certified copies of the Letters Testamentary or Letters of Administration from the clerk’s office.
Key Statute: Probate Code § 8000 establishes that probate proceedings begin by filing a petition in the Superior Court of the decedent’s county of residence. The court’s register of actions and case files then become public records.
Helpful Hints
- Check multiple spellings or variations of the decedent’s name (e.g., inclusion of middle initials).
- Search by approximate filing date if the court’s database allows a date range filter.
- Call ahead to confirm the court’s public access hours and any fees for copying documents.
- Use the statewide California Courts website (courts.ca.gov) for links to individual county court websites.
- If you hit a dead end, consider hiring a probate researcher or clerk services to assist with in-person searches.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific circumstances.