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Topic Guides > Probate Resources
Note: The Law Library provides these links as a public service to help you find probate-related legal information and resources. We cannot provide legal advice or interpret the law for you, but our staff can help you locate the resources you need. If you are unsure whether you need to go through probate, consider consulting with a licensed attorney.

Getting Started

Understanding Probate

Overviews & Guides

Probate is the court process for distributing a person's property after they die. Whether or not they left a will, certain assets may need to go through probate before they can be transferred to heirs or beneficiaries. These resources explain how the process works and what to expect.

  • Guide to Property After Someone Dies California Courts self-help guide covering what happens to property after a death, including whether probate is required.
  • General Overview of Wills, Estates & Probate Court Santa Barbara Superior Court's self-help overview of the probate process.
  • Overview of What to Expect in Formal Probate Step-by-step explanation of the formal probate process from the California Courts. Includes information about guardianship and conservatorship.
  • An Overview of the Probate Court Process for a Simple Estate (Nolo Press) Nolo Press publishes books about the law, written by attorneys for non-attorneys. Includes a procedural checklist. From How to Probate an Estate in California, Chapter 13.
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Santa Barbara Superior Court

Probate Division

Santa Barbara Superior Court

The Probate Division of the Santa Barbara Superior Court handles probate cases, conservatorships, guardianships, and trust matters. Contact the Probate Clerk, Probate Examiner, or Probate Facilitator for procedural questions.

  • Probate Division Contact information for the Probate Clerk, Probate Examiner, and Probate Facilitator, plus office hours and additional resources.
  • Filing Fee Schedule Statewide civil fee schedule (probate fees start on page 8).

Court Forms & Rules

Probate Court Forms

Forms & Packets

Probate filings require specific court forms. Santa Barbara Superior Court provides local forms and pre-assembled form packets for common probate actions. Statewide Judicial Council forms are also required for most filings.

  • Santa Barbara Superior Court – Local Forms Local probate forms required by the Santa Barbara Superior Court.
  • Santa Barbara Superior Court – Form Packets Pre-assembled form packets for common probate filings.
  • California Judicial Council Probate Court Forms Statewide mandatory and optional court forms for probate proceedings.

Court Rules & Probate Code

Laws & Rules
  • Santa Barbara Superior Court Local Rules – Probate (Chapter 17) Local court rules governing probate proceedings in Santa Barbara County.
  • California Rules of Court Statewide rules that apply to all California court proceedings, including probate.
  • California Probate Code The full text of the California Probate Code from the state legislature.

Additional Resources

Death Certificates

Santa Barbara County

Certified copies of death certificates are typically required to open a probate case and to transfer assets. In Santa Barbara County, these are obtained from the County Clerk-Recorder's Office.

  • Santa Barbara County Clerk-Recorder – Death Records How to request official death certificates from the Santa Barbara County Clerk-Recorder, Vital Records division.

Print & Digital Legal Resources

Available Only in the Law Library

The following professional legal resources are available for use at the Law Library. These publications are written for attorneys but can be valuable for anyone researching probate procedures in depth.

  • CEB OnLaw Administering a Single-Person Trust After Settlor's Death (Action Guide) • California Decedent Estate Practice
  • Lexis/Nexis How to Begin, 1 California Probate Procedure, Ch. 3 • Transfer of Property Without Administration, 1 California Probate Practice, Ch. 4 • Initiating Probate Administration, 1 California Probate Practice, Ch. 5
  • Westlaw Probate (The Rutter Group, California Practice Guide)

Helpful Tips for Probate

Determine if probate is needed. Not all assets require probate. Property held in a living trust, jointly owned property, and accounts with named beneficiaries may transfer without going through court.

Watch your deadlines. Probate has strict timelines for filing petitions, notifying creditors, and submitting inventories. Missing a deadline can delay the process or create legal complications.

Obtain multiple death certificates. You will likely need several certified copies. Banks, insurance companies, and government agencies each typically require their own original certified copy.

The Law Library is here to help. Our staff can help you locate probate forms, legal resources, and procedural information. Visit us or see our contact page for hours and location.

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