On the Peninsula, a modest-looking house in San Mateo, Burlingame, Menlo Park, or Half Moon Bay can be the most valuable thing a family owns. Peninsula estates also often include company stock, retirement accounts, and a living trust drafted years ago. When the estate is this valuable, procedural mistakes cost more, and so do family disagreements.
Lamash Legacy Law is based in Malibu. I represent executors, administrators, trustees, and beneficiaries in probate and trust matters before the Superior Court of California, County of San Mateo, appearing remotely where the court allows and in person when the matter requires it. I handle every case personally, in English.
The San Mateo County Probate Court
San Mateo County probate matters are heard in Department 13, Courtroom 2C, at the Hall of Justice, 400 County Center, Redwood City. The probate clerk’s office serves the public by appointment. The court also has a Probate Court Investigator’s office, which plays a key role in conservatorship cases.
Tentative rulings and what they mean
San Mateo is one of the counties where the probate court issues tentative rulings before each calendar. Under the court’s Local Rule 4.1(B), they are posted by 3:00 p.m. on the court day before the hearing, and each matter is labeled with one of three outcomes:
- APPEARANCE ORDERED: the court requires an appearance, often because something needs to be addressed;
- APPEARANCE OPTIONAL: parties may appear but are not required to;
- NO APPEARANCE: the matter has been pre-approved, continued, or dropped.
If a party wants to appear on a matter that does not require an appearance, the court’s procedure requires notice to Department 13 by email and to the other parties by 4:00 p.m. the court day before the hearing. Reading these rulings carefully, and acting the same afternoon, is part of running a San Mateo probate efficiently. A “pre-approved” ruling on a well-prepared petition can mean no court appearance at all.
Remote appearances
The court allows appearances by Zoom video in probate matters, except Special Immigrant Juvenile Findings matters and hearings where the court orders an in-person appearance. Trials are held in person. I appear remotely whenever the court allows it.
San Mateo Estate Issues
High-value homes and statutory fees
California’s statutory executor and attorney fees are calculated on the gross value of the probate estate, not on equity. With Peninsula home prices, that makes probate costly. Assets held in a properly funded living trust avoid probate. If a home was left out of the trust, a petition to confirm it as a trust asset may be available instead of full probate.
Proposition 19
Many Peninsula homes were bought decades ago and carry low assessed values. Under Proposition 19, a child keeps the parent’s tax base only if the home becomes the child’s principal residence, and only up to an indexed cap. Above the cap, part of the value is reassessed, which can be substantial at Peninsula prices. Rentals are reassessed in full.
Stock, options, and accounts
Equity compensation, brokerage accounts, and retirement plans often pass by beneficiary designation or need specific transfer steps. Some are outside probate; others are not. I help executors and trustees sort out which assets are governed by the will, the trust, or a designation form.
How I Help
- Probate Administration: petition, tentative rulings, letters, sale, distribution.
- Trust Administration: trustee notice, valuation, accountings, distribution.
- Trust & Will Contests and Beneficiary Rights.
- Conservatorships and Financial Elder Abuse.
I work with clients in San Mateo, Redwood City, Burlingame, Hillsborough, Menlo Park, Atherton, East Palo Alto, Foster City, Daly City, South San Francisco, Pacifica, and Half Moon Bay. Nearby: San Francisco and Santa Clara County. Statewide: California Probate Attorney.
San Mateo County Probate FAQ
Where are San Mateo probate hearings held? In Department 13, Courtroom 2C, Hall of Justice, 400 County Center, Redwood City.
Does the San Mateo probate court issue tentative rulings? Yes, by 3:00 p.m. the court day before the hearing, marked Appearance Ordered, Appearance Optional, or No Appearance.
Do I need to go to court if my petition is pre-approved? Generally no. A “No Appearance” ruling means no appearance is required.
Can I appear by Zoom? In most probate matters, yes, unless the court orders an in-person appearance. Trials are in person.
Can I contest a trust in San Mateo County? Yes. A trust contest is filed in the probate court, generally within 120 days after the trustee’s notice is served. See How to Contest a Will or Trust in California
Talk With a Probate Attorney About Your San Mateo County Matter
Call me at (424) 355-5565 or send a message. I will review your situation personally and explain your options.
Lamash Legacy Law’s office is located at 23465 Civic Center Way, #116, Malibu, CA 90265. This page provides general information, not legal advice. Contacting Lamash Legacy Law does not create an attorney-client relationship.
