San Diego County Probate and Inherited Home Guide for Heirs and Sellers

Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team. Facts come from the San Diego Superior Court and the County Assessor/Recorder/County Clerk, plus statewide figures from the Orange County Superior Court; sources are listed at the end. This is general information, not legal advice.

In San Diego County, a house goes through court-supervised probate unless it was titled to avoid it or qualifies for a small-estate route. The San Diego Superior Court’s probate pages list the forms for each route, and a person holding a will must deliver it to the court within 30 days of a death under Probate Code section 8200.

This guide summarizes the routes and how to sell an inherited San Diego County home.

Probate routes for a house in San Diego County

The San Diego court’s page still shows older dollar limits ($184,500, $55,425 and $166,250). Those are out of date for recent deaths, so use Judicial Council form DE-300 for the amounts that apply to your date of death.

Do I need probate to sell an inherited house in San Diego County?

• House in a living trust: trusts are not filed with the court, and the successor trustee generally handles the sale.
• House passing to a spouse or partner: a spousal property petition may avoid full probate.
• Small house only: the DE-305 or DE-310 routes may fit within the limits above.
• Everything else: a Petition for Probate.

Court staff cannot give legal advice. A California probate attorney can tell you which route fits.

How to sell a house in San Diego County after a death

1. Lodge the will. If you hold the will, deliver it to the court within 30 days of the death.
2. Confirm who has authority. That may be a court-appointed personal representative, a trustee or a surviving spouse. Do not sign a sale contract until you know.
3. Check taxes owed. See our San Diego County property tax guide.
4. Plan the deed and tax reports. Our San Diego County recorder and deed transfer guide covers recording and transfer tax.
5. Get a cash offer. A cash buyer can close on a date that fits the court schedule. See how we buy houses in San Diego County.

The County Recorder does not record wills or hold probate records, so wills and estates go through the Superior Court.

Inherited a San Diego County house and not sure where to start? Call (424) 435-2326 or request a cash offer. There is no cost and no obligation.

San Diego County probate FAQ

Which court handles probate in San Diego County?

The San Diego Superior Court. Its probate pages list the forms for probate, small-estate affidavits and spousal petitions.

How soon must a will be delivered to the court?

Within 30 days of the death, under Probate Code section 8200, according to the court’s probate page.

Are trusts filed with the probate court?

No. The court’s page says trusts are not filed with the court.

Who values real property in a probate estate?

A probate referee does the appraisal in the Inventory and Appraisal.

Can I sell the house while probate is open?

Often yes, once the person selling has legal authority, and sometimes with court approval. Ask a California probate attorney which applies to you.

Sources

• San Diego Superior Court: Probate
• San Diego County Assessor/Recorder/County Clerk
• Superior Court of California, County of Orange: Simplified Probate Procedures (statewide limits)

This guide is general information, not legal advice. Limits and procedures change; confirm with the San Diego Superior Court or a California probate attorney.