Probate, trust and inherited home sales in Santa Clara County
If you’re handling a loved one’s home in Santa Clara County, as an executor, a successor trustee, or one of the heirs, you don’t have to figure it out alone. I help families sell probate, trust and inherited homes in San Jose, Campbell, Cupertino, Gilroy, Los Altos, Los Gatos, Milpitas, Morgan Hill, Mountain View, Palo Alto, Santa Clara, Saratoga and Sunnyvale.
My office is on Meridian Avenue in San Jose, and I’ve lived in this area since 1973. One of the families on my Families I’ve Helped page is David, whose mother’s home in Campbell sold in 11 days.
I’m a REALTOR®, not an attorney. This is general information, not legal or tax advice. Please work with a California probate or trust attorney on the legal steps.
Where probate is handled in Santa Clara County
In Santa Clara County, probate is handled by the Superior Court at the Downtown Superior Court, 191 North First Street, San Jose. The Probate Clerk’s Office is in Room 107 of that courthouse. (Source: Santa Clara County Superior Court.)
Courtrooms and procedures can change, so your attorney will confirm the details for your case.
What’s the same everywhere in California
- A formal probate “typically takes 9 to 18 months and can sometimes take even longer” (California Courts).
- Whether the house needs a court confirmation hearing depends on whether the personal representative has full or limited authority. See my Executors Guide.
- For deaths on or after April 1, 2025, estates worth $208,850 or less may avoid full probate (Probate Code §13100), and a primary residence worth up to $750,000 may qualify for a simpler court petition (Probate Code §13151).
- If the house is in a living trust, it usually doesn’t go through probate court. See my Trustees Guide.
Santa Clara County paperwork to know about
- Change in Ownership Statement (BOE-502-D). After a death, this form goes to the county. When the property was held in a trust, it’s due within 150 days of the death and the trustee files it (Revenue and Taxation Code §480). Contact the Santa Clara County Assessor.
- Affidavit of Death of Trustee. When the house is in a trust, this is typically recorded with the county recorder before the sale can close.
How I help Santa Clara County families
- A free, no-obligation market review with recent sales of similar homes nearby, active and pending listings, and a realistic price range as-is and with moderate improvements. It’s an easy way to get the heirs and your attorney starting from the same numbers.
- Your three options, side by side: a cash sale as-is, listing as-is, or repairing and then listing.
- One person, not ten. I have a full team I trust: probate attorneys, appraisers, movers, clean-out crews, an estate sale specialist, contractors, painters, repair people, and my own escrow team. I coordinate every piece.
- Help when the family doesn’t agree. See my Heirs Guide.
Call or text me
You don’t need to have anything decided to call me. No pressure and no obligation.
Helen K. Burke, REALTOR® | Seller Specialist
Intero Real Estate Services | DRE #01175866
1567 Meridian Ave, San Jose, CA 95125
Call or text 408-835-8967 | helen@helenkburke.com
Sources: Superior Court of California, County of Santa Clara; California Courts Self-Help; Judicial Council, Probate Code §890 adjusted amounts; Probate Code §§13100, 13151; Revenue and Taxation Code §480. Laws and court procedures change, so confirm details with your attorney.