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San Bernardino Probate Court

San Bernardino Probate Court handles legal matters related to estates, wills, guardianships, and conservatorships. The court ensures that estate distribution follows California law and protects the rights of heirs. Individuals seeking guidance for managing a deceased person’s estate or caring for a minor or incapacitated adult rely on this court. Clear procedures and legal oversight make these processes structured and fair.

San Bernardino Probate Court also manages guardianship and conservatorship cases for minors or adults who cannot make decisions independently. Guardians are assigned to care for personal and financial needs, while conservators oversee broader responsibilities. By addressing probate and estate issues, the court supports families and protects vulnerable individuals. Legal filings and court approvals help maintain accountability and ensure decisions follow state regulations.

What Is the San Bernardino Probate Court?

The San Bernardino Probate Court handles legal matters related to estates, trusts, and guardianships within the county. It ensures that assets are properly distributed and that legal responsibilities are upheld after a person passes away or when someone requires legal protection.

The court also monitors the administration of trusts, confirming that trustees follow the terms outlined in legal documents. It can intervene if disputes arise between heirs, beneficiaries, or executors.

Jurisdiction in San Bernardino County

The San Bernardino Probate Court serves several districts, including:

  • Fontana District
  • Victorville District
  • Needles District

Each district handles probate matters within its geographic area, ensuring residents can resolve estate or guardianship issues locally. Jurisdiction is determined by where the deceased person lived or where the property is located.

This court has authority over:

  • Wills and estate distribution
  • Appointment of personal representatives or executors
  • Conservatorships for adults who cannot manage their finances
  • Guardianships for minors or dependent adults

Types of Matters Heard

The court primarily handles probate cases in San Bernardino involving:

  1. Decedent’s Estates – Verifying wills, distributing assets, and addressing debts
  2. Trusts – Administering legal agreements that manage property for beneficiaries
  3. Conservatorships – Assigning someone to manage finances or personal care for adults unable to do so
  4. Guardianships – Protecting minors or individuals with disabilities

By managing these matters, the estate court ensures compliance with California probate law, resolves disputes fairly, and protects vulnerable individuals.

Probate Cases: Wills & Estate Administration

Probate cases in San Bernardino County involve the legal process of managing a person’s estate after they pass away. The court ensures assets are properly distributed, debts are paid, and legal obligations are fulfilled. This process provides clarity and legal protection for heirs, beneficiaries, and the estate itself.

Probate applies when the deceased had assets solely in their name, significant property, or debts that require court supervision. The court’s involvement protects all parties and prevents disputes over inheritance.

When Probate Is Required vs Small Estate Affidavit

Not every estate must go through formal probate. In San Bernardino County, probate is required when:

  • The estate exceeds the California small estate threshold (currently $200,000 in 2025).
  • The decedent owned real property or complex assets in their name alone.
  • There are disputes among heirs or unclear instructions in the will.

Smaller estates may qualify for a small estate affidavit, a simplified process that avoids full probate. This option allows heirs to claim property without filing a formal petition, saving time and court fees.

Petition for Probate, Succession, or Spousal Domestic Partner Property

To start probate, interested parties file one of several petitions at the estate court San Bernardino:

  • Petition for Probate – For validating a will and appointing an executor.
  • Petition for Succession – When someone dies without a will, the court appoints an administrator.
  • Spousal/Domestic Partner Property Petition – For transferring property to a surviving spouse or domestic partner outside of formal probate.

Filing the correct petition ensures the court has jurisdiction and can legally oversee the estate.

Roles: Executor / Administrator

  • Executor: Named in the will, responsible for managing the decedent’s estate. Duties include paying debts, distributing assets, and reporting to the court.
  • Administrator: Appointed by the court if there is no will or the named executor cannot serve. They perform similar duties to ensure the estate is properly managed.

Both roles carry legal responsibility, and the court monitors actions to prevent misuse or disputes.

Timeline and Typical Steps

The probate filing process in San Bernardino generally follows these steps:

  • Filing the Petition – Submit the proper petition to the probate court.
  • Notice to Heirs and Creditors – Legal notifications are sent to interested parties.
  • Inventory and Appraisal – The executor or administrator lists all assets and determines their value.
  • Paying Debts and Taxes – Outstanding debts, taxes, and court fees are settled.
  • Distribution of Assets – Remaining property is transferred to beneficiaries according to the will or state law.
  • Final Accounting – The court reviews and approves the executor’s or administrator’s actions before closing the estate.

Conservatorship

A conservatorship in San Bernardino is a legal arrangement where the court appoints a person to manage the personal or financial affairs of someone who cannot handle them independently. It protects individuals who are unable to care for themselves due to age, disability, or mental health conditions.

What Is Conservatorship?

A conservatorship is established by the San Bernardino probate court to safeguard vulnerable adults or minors. The court supervises the process to ensure the conservatee’s needs are met while protecting their rights. Conservatorships can cover personal care, financial matters, or both, depending on the individual’s situation.

The court oversees conservatorships to prevent misuse of funds and ensure the conservatee receives appropriate support. This legal framework provides accountability, giving family Court professionals authority to act in the conservatee’s best interests.

Types of Conservatorships

In San Bernardino County, there are three primary types of conservatorships:

  • General Conservatorship – Covers adults unable to manage daily life or personal care due to age, disability, or illness. The conservator handles healthcare, housing, and personal decisions.
  • Limited Conservatorship – Designed for individuals with developmental disabilities who can make some decisions independently. The conservator assists with areas where help is needed.
  • Lanterman-Petris-Short (LPS) Conservatorship – Focused on adults with severe mental health disorders. The conservator manages both personal care and the conservatee’s estate when necessary.

Each type has specific legal requirements, and the court decides which form is appropriate based on medical reports and evidence.

Steps: How to Establish a Conservatorship

The conservatorship process typically involves several key steps:

  • Filing a Conservatorship Petition – The petitioner submits a request to the probate court conservatorship division, specifying the type of conservatorship needed.
  • Notice to the Proposed Conservatee and Interested Parties – Legal notices are served to ensure all parties are informed.
  • Court Investigation and Reports – A court investigator or social worker evaluates the conservatee’s condition and provides a report to the judge.
  • Conservatorship Hearing – The judge reviews evidence, hears objections, and determines whether a conservatorship is necessary.
  • Issuance of Letters of Conservatorship – If approved, the court formally appoints the conservator, granting legal authority to act on behalf of the conservatee.

Responsibilities of a Conservator

Conservators have two main areas of responsibility:

  • Conservatorship of the Estate:
    • Managing bank accounts, investments, and income
    • Paying bills, taxes, and debts
    • Filing annual accountings with the probate court
  • Conservatorship of the Person:
    • Making healthcare decisions
    • Ensuring safe housing and living conditions
    • Coordinating personal support services

The conservator must act in the conservatee’s best interests and report regularly to the court. Mismanagement can result in legal consequences.

Resources for Conservators

San Bernardino County provides tools to help conservators fulfill their duties efficiently:

  • Orientation Classes – Mandatory training for new conservators covering legal responsibilities and procedures.
  • Forms and Guidelines – Standardized court forms for petitions, annual reports, and accountings.
  • Court Assistance Programs – Probate court staff or volunteer programs that provide guidance on filing and compliance.

Guardianship in Probate Court

A guardianship in San Bernardino is a legal arrangement where the court appoints a responsible adult to care for a minor or an adult who cannot manage their personal or financial affairs. The probate court ensures that guardians act in the best interest of those under their care, providing protection and oversight.

Definition and Types of Guardianship

Guardianship is established through the San Bernardino probate court to protect individuals who need supervision. There are three main types:

  • Guardianship of the Person – The guardian makes decisions about healthcare, education, and daily living arrangements.
  • Guardianship of the Estate – The guardian manages the minor’s or incapacitated adult’s property, income, and financial affairs.
  • Combined Guardianship – The guardian handles both personal and estate matters, offering complete oversight.

The court determines which type is appropriate based on the needs of the minor or incapacitated adult.

How to File a Guardianship Petition

To establish guardianship, interested parties must submit a guardianship petition to the probate court. The steps generally include:

  • Filing the Petition – Provide details about the proposed guardian, the ward, and the reason guardianship is needed.
  • Serving Notice – Notify all interested parties, such as parents or relatives, to allow for objections.
  • Court Investigation – A court investigator may review the case and report recommendations to the judge.
  • Guardianship Hearing – The judge evaluates evidence, hears objections, and decides whether to appoint the guardian.
  • Issuance of Letters of Guardianship – If approved, the court grants the guardian legal authority to act for the ward.

Properly completing this process ensures the guardian can legally manage responsibilities and protects the ward’s rights.

Guardianship Responsibilities & Duties

A legal guardian has specific duties depending on the type of guardianship:

  • For the Person:
    • Making medical and educational decisions
    • Ensuring safe housing and daily care
    • Supervising overall well-being
  • For the Estate:
    • Managing assets, income, and expenses
    • Paying debts or taxes on behalf of the ward
    • Filing annual accountings with the probate court

Guardians must act in the ward’s best interest at all times and report regularly to the court. Mismanagement can result in legal consequences.

How to Search Probate Records

Searching probate records in San Bernardino helps individuals track estate cases, review court proceedings, and obtain legal documents. The process is straightforward when using the county’s official resources and following the proper steps.

Steps to Search Probate Case Records

The San Bernardino probate court provides multiple ways to access probate records. Follow these steps for efficient results:

  • Go to the Official Court Website
    • Open your browser and visit the San Bernardino Superior Court: https://sanbernardino.courts.ca.gov/
    • Navigate to Online Services → Case Information & Documents.
  • Open the Court Access Portal (CAP)
    • The CAP is the official portal for searching probate cases: https://cap.sb-court.org/
    • CAP allows users to search by case number, party name, or decedent’s name.
  • Choose a Search Method
    • Case Number Search – Enter the known case number for the fastest results.
    • Name/Party Search – Enter the decedent’s full legal name or the executor/petitioner.
    • Other Options – Some cases may be searched using related parties or business names.
  • Review Case Information
    • Once the case is found, users can see:
      • Case title and type
      • Parties involved, such as the executor or conservator
      • Upcoming hearings and court calendars
      • Filed documents available for viewing
  • Request Official Copies (if needed)
    • For certified documents, submit a request through the court clerk either online or in person.

Public vs Restricted Record Access

Not all probate records are fully public. The court distinguishes between:

Restricted Records – Sensitive cases, such as conservatorships or minor guardianships, may require court approval for access.
Public Records – Most estate filings, petitions, and hearing dates can be accessed freely.

Filing Procedures, Fees & Forms

Filing probate cases in San Bernardino involves following the court’s procedures, submitting the correct forms, and paying applicable fees. The San Bernardino probate court provides tools and resources to streamline filings for both attorneys and self-represented individuals.

Probate eFiling System Overview

The county uses an electronic filing (eFiling) system for probate cases. This system allows parties to submit petitions, documents, and supporting materials online. There are two main ways to file:

  • Attorneys – Licensed attorneys can register for eFiling, submit documents electronically, and receive confirmations instantly.
  • Self-Represented Parties – Individuals representing themselves can also file electronically through the eFiling portal, although guidance and tutorials are recommended for accuracy.

Official eFiling portal: https://www.sbcourt.org/online-services/efile-probate

Electronic filing ensures timely submission, reduces paper handling, and allows users to track their case electronically.

Fee Schedule and Fee Waivers

Filing probate cases requires payment of court fees, which vary based on the type of petition. Common fees include:

  • Petition for Probate – Fee depends on the estate size and complexity.
  • Spousal or Domestic Partner Property Petition – Separate fees apply.
  • Other Filings – Conservatorship, guardianship, or trust-related filings may have specific fees.

Fee Waivers: Self-represented parties may apply for a fee waiver if they cannot afford the costs. The court reviews income and financial information to determine eligibility.

Fee information link: https://www.sbcourt.org/divisions/probate/fee-schedule

Required Forms and Where to Get Them

The San Bernardino probate court relies on standardized forms from the Judicial Council of California. Required forms may include:

  • Petition for Probate (Form DE-111)
  • Spousal or Domestic Partner Property Petition (Form DE-221)
  • Letters Testamentary / Letters of Administration (Forms DE-150 / DE-155)
  • Inventory and Appraisal (Form DE-160)
  • Proof of Service (Form DE-121)

All forms can be downloaded from the court’s probate division page or obtained in person at the courthouse.

Forms link: https://www.sbcourt.org/divisions/probate/forms

Service and Notice Requirements

Proper notice is a key requirement for probate filings. The petitioner must:

  • Notify Heirs and Beneficiaries – All interested parties must receive legal notice of the filing.
  • Serve Creditors – Known creditors must be informed to file claims against the estate.
  • File Proof of Service – Documents confirming that notices were delivered must be submitted to the court.

Court Locations & Hours

The San Bernardino Probate Court operates across several locations to serve residents throughout the county. Each branch provides access to court services, filings, and assistance for probate matters, making it easier for users to manage estate, conservatorship, and guardianship cases.

Main Probate Division: San Bernardino Justice Center

  • Address: 247 West Third Street, San Bernardino, CA 92415
  • Phone: (909) 708-8680
  • Office Hours: Monday – Friday, 8:00 AM – 4:30 PM
  • Services: Probate filings, case information, document requests, and judicial hearings.

The San Bernardino Justice Center houses the primary probate division and is the central location for most estate court matters. Users can contact the clerk’s office for guidance on filings or scheduling hearings.

Branch Locations

To make access easier, the San Bernardino probate court maintains several branch locations:

  • Fontana Branch
    • Address: 16715 Valley Blvd, Fontana, CA 92335
    • Phone: (909) 350-1830
    • Hours: Monday – Friday, 8:00 AM – 4:30 PM
  • Victorville Branch
    • Address: 14455 Civic Drive, Victorville, CA 92392
    • Phone: (760) 843-4500
    • Hours: Monday – Friday, 8:00 AM – 4:30 PM
  • Needles Branch
    • Address: 1112 Bailey Avenue, Needles, CA 92363
    • Phone: (760) 326-9260
    • Hours: Monday – Friday, 8:00 AM – 4:30 PM

These branches handle local filings and provide access to probate forms, hearing schedules, and self-help resources. Residents should confirm branch hours before visiting, as some services may require appointments.

Frequently Asked Questions

This FAQ section answers common questions about probate cases in San Bernardino, including estates, conservatorships, and guardianships. Each answer is concise, clear, and structured to appear in Google’s featured snippets.

How long does probate take in San Bernardino?

The probate timeline varies depending on the estate’s complexity. Small estates may close in a few months, while larger estates can take 12–18 months or longer. Factors affecting timing include creditor claims, court schedules, and asset valuation.

What happens if there’s no will?

If a decedent dies intestate (without a will), the San Bernardino probate court appoints an administrator to manage the estate. Assets are distributed according to California’s intestacy laws. Heirs may include spouses, children, or other relatives.

What happens to real estate during probate?

Real property is managed by the executor or administrator during probate. The court may authorize sale, transfer, or maintenance until the estate is settled. Real estate cannot be sold or transferred without court approval in most cases.

Can I serve as my own conservator?

Yes, but only if appointed by the court. Conservators must demonstrate the ability to act in the best interests of the conservatee. Courts often require training or orientation for conservator duties, especially for first-time appointees.

What is the difference between probate and a trust?

  • Probate is a court-supervised process for distributing a decedent’s assets.
  • Trusts allow property to pass directly to beneficiaries without probate.
    Trusts can save time and reduce costs, but probate is required for assets not included in the trust.

What are the duties of an executor in San Bernardino?

Executors manage the decedent’s estate, pay debts and taxes, and distribute assets to heirs. They must file inventories, accountings, and other documents with the estate court to comply with legal requirements.