Settling an estate in San Francisco often means dealing with a home or building that has been in the family for decades, a trust that was signed long ago, and relatives spread across the Bay Area and beyond. The legal process is manageable when it is handled carefully. When it is not, it can stall for months and strain family relationships.

Lamash Legacy Law is based in Malibu and represents executors, trustees, and beneficiaries in probate, trust, and inheritance matters throughout San Francisco. I handle each case personally. You will not be passed to a junior associate or a paralegal.

The San Francisco Probate Court

San Francisco is a consolidated city and county, so there is a single Superior Court for the entire city. Probate matters are heard by the Probate Department of the Superior Court of California, County of San Francisco, in Department 204 at the Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102. The probate clerk’s office is located in the same building.

A few things are worth knowing about how matters move through this court:

• One department, a concentrated calendar. Decedents’ estates, trusts, conservatorships, and guardianships are heard in the Probate Department. Filings need to be complete and correctly formatted the first time, because a rejected or continued petition can push your matter back on a busy calendar.
• Remote appearance options. The Probate Department offers remote appearances by video for many hearings, which is helpful for executors and beneficiaries who live outside San Francisco.
• Court investigators in conservatorships. The court’s probate investigators interview the proposed conservatee and report to the judge before a conservatorship is granted. A well-prepared petition anticipates the investigator’s questions.

If the person who died lived in another Bay Area county, such as San Mateo, Marin, or Alameda, the probate case generally belongs in that county’s Superior Court, even if the family or the property is in San Francisco. Choosing the correct court at the outset avoids having to refile.

San Francisco Estates: Common Issues

Long-held homes and Proposition 19

Many San Francisco homes were purchased decades ago and carry a very low taxable value. When a parent dies, Proposition 19 controls whether that value can pass to a child. The parent-child exclusion applies only to a family home that the child makes their principal residence, and it is capped. For transfers from February 16, 2025 through February 15, 2027, the cap is the factored base-year value plus $1,044,586. Rental buildings and other non-residence property no longer qualify for the parent-child exclusion and are generally reassessed at market value. For families who inherit a multi-unit building, this single issue can change whether keeping the property makes financial sense. Reassessment is handled by the San Francisco Office of the Assessor-Recorder, and filing deadlines apply.

When probate is unavoidable

For deaths on or after April 1, 2025, the small-estate procedure is limited to $208,850, and the simplified court petition for a primary residence applies only up to $750,000. Given San Francisco property values, a home titled only in the decedent’s name will usually require a full probate administration.

Trusts that were never fully funded

An older living trust is common in San Francisco, and so is a trust that was never fully funded: the house or an account stayed in the decedent’s individual name. A successor trustee can often ask the court to confirm that such an asset belongs to the trust without opening a full probate. Part of my trust administration work is identifying these gaps early.

Services for San Francisco Clients

• Probate Administration: opening the estate, obtaining letters, creditor and heir notices, inventory and appraisal, property sales, and distribution.
• Trust Administration: guiding successor trustees through notices, valuation, accountings, and distribution.
• Trust & Will Contests: challenging or defending a trust or will when undue influence, fraud, or lack of capacity is at issue. Read more in How to Contest a Will or Trust in California
• Beneficiary Rights: compelling accountings and holding trustees to their duties.
• Conservatorships: petitioning for or contesting a conservatorship of the person or estate.
• Financial Elder Abuse: pursuing recovery when an elder has been financially exploited by a caregiver, relative, or advisor.

Neighborhoods and Communities

I work with families across San Francisco, from Pacific Heights, the Marina, and Noe Valley to the Sunset and the Richmond District. I serve clients in English.

Learn more about my background and approach.

San Francisco Probate FAQ

Where is probate filed in San Francisco? With the Superior Court of California, County of San Francisco. Probate matters are heard in Department 204 at the Civic Center Courthouse, 400 McAllister Street.

My parent lived in San Mateo County but owned a condo in San Francisco. Where is probate filed? Generally in the county where your parent lived at the time of death, in this example San Mateo County, regardless of where the property is located.

Will an inherited San Francisco rental building be reassessed? Generally yes. Since Proposition 19 took effect in 2021, the parent-child exclusion applies only to a family home that becomes the child’s principal residence, not to rental or investment property.

How long do I have to contest a trust in California? Generally 120 days from the date the trustee serves the required notice. Do not wait to get advice if you received one.

Can hearings be attended remotely? Many San Francisco probate hearings offer a video appearance option. I appear on your behalf.

Talk With a San Francisco Probate Attorney

Call me at (424) 355-5565 or send a message through the contact page. I will review your situation personally and outline your options and next steps.

Lamash Legacy Law 23465 Civic Center Way, #116, Malibu, CA 90265 · (424) 355-5565 · info@lamashlegacylaw.com

This page provides general information, not legal advice. Contacting Lamash Legacy Law does not create an attorney-client relationship.