San Bernardino County, California Probate Court Records
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San Bernardino County probate court records are official details of probate adjudications within San Bernardino County. These documents are generated by theProbate Department of the San Bernardino County Superior Court, and encompass:
- The administration of a deceased person’s estate
- The validation and execution of wills
- The management of trusts
- The appointment and supervision of guardians and conservators
- Certain mental health and capacity-related proceedings.
Probate court records typically explain:
- Who died and when (in estate cases)
- Whether a will exists and is valid
- Who is authorized to manage an estate or trust
- What assets and debts exist
- How property is distributed or protected
- How the court supervises guardianships and conservatorships.
Generally, a probate court record includes documents such as:
- Last Will and Testament
- Petition for probate
- Letters testamentary/letters of administration
- Creditor claims
- Petitions and motions
- Court orders
- Guardianship orders
- Conservatorship orders
- Accountings (interim and final)
- Final petition and order for distribution.
Understanding the Parties Involved in Probate Cases
Each party in a probate case plays a distinct role, and understanding their functions helps users correctly interpret petitions, court orders, and financial filings. A probate adjudication involves the individuals outlined in the table below.
| Entity | Role |
|---|---|
| The decedent | The decedent is the person who has died and whose estate is being administered |
| Heirs | Heirs are individuals entitled to inherit under state law when there is no valid will, or when a will does not dispose of all property |
| Beneficiaries | Beneficiaries are individuals or organizations named in a will or trust to receive property |
| Executor | An executor is the person named in the will to manage and distribute the estate |
| Personal representative | A personal representative is the general term for the person appointed to manage the estate |
| Administrators (when no Will exists) | An administrator is appointed by the court when the decedent left no valid will. |
Legal Purpose and Importance of Probate Court Records in San Bernardino County
Generally, probate court records exist to document the legal processes that occur when a court adjudicates the estate of a decedent, or when it manages the affairs of individuals who cannot do so themselves. Consequently, San Bernardino County probate court records are created by the San Bernardino County Superior Court to ensure that estates, trusts, conservatorships, and guardianships are handled lawfully, transparently, and fairly, in accordance with the California Probate Code.
San Bernardino County probate court records play important roles in probate matters within San Bernardino County. The legal purpose of a typical San Bernardino County probate record is to:
- Document the legal transfer of property after death
- Protect heirs, creditors, beneficiaries, and everyone with a legitimate interest in estate matters within the county
- Ensure court oversight and accountability
- Resolve property and title disputes
- Verify the executor and administrator authority
- Review legal and financial due diligence.
Differences Between Wills, Estates, and Other Probate Filings in San Bernardino County
The San Bernardino County Superior Court generates a range of documents during probate trials. The documents play distinct roles in probate matters within the Probate Division of the San Bernardino Superior Court. Understanding the roles of these documents helps with their identification and interpretation of their individual significance under California's probate law.
| Document Type | Definition | Who Files It | Legal Significance |
|---|---|---|---|
| San Bernardino Will (Last Testament) | These are written directions and final wishes written by the decedent. It expresses instructions for property and guardianship | The testator (before death) or the executor (after the death of the testator) | Courts use this document to appoint executors (if the Will does not indicate any) or to supervise the distribution of the estate's value and fiduciary conduct |
| Estate Inventories and Accountings | These are factual and financial records by the fiduciary. An inventory lists assets and their values, while accounting shows money in/out and their proposed distribution | The executor or administrator | Provides court overnight |
| Guardianship/Conservatorship Records | These documents appoint someone to care for a minor or manage the affairs of an incapacitated individual | The petitioning family member, agency, or county | Transfer decision-making authority to the guardian or conservator |
| Petitions & Motions (Probate Process) | Start probates, request authority, resolve disputes, seek fees or instructions | Executors, administrators, beneficiaries, creditors, or attorneys | Petitions start probate, request authority, resolve disputes, seek fees or instructions. On the other hand, court orders grant powers, resolve claims, or change administration, and are rulings that are part of case records. |
Public Access to Probate Court Records in San Bernardino County
Similar to other court records, San Bernardino County probate court records are public. Section 68150 of the California Government Code grants interested individuals the right to view and copy these documents, as well as access to these records. Rule 2.550 & 2.551 of the California Rules of Court outline the requirements for sealing and unsealing these documents.
Notwithstanding the general accessibility of government records (including San Bernardino County probate court records), there are exemptions. Under California law, a San Bernardino County probate court record is not public if access is restricted by judicial order or the document relates to guardianship or conservatorship. Additionally, the San Bernardino County Superior Court Clerk of the Court will redact sensitive information, such as:
- Social Security Numbers
- Financial information
- Minors’ private details.
Methods for Searching San Bernardino County Probate Court Records
The San Bernardino County Superior Court offers multiple options for accessing probate court records. Individuals can access these documents online through the San Bernardino County Superior Court Access Portal (CAP) according to California Rules of Court: Rule 2.503. The CAP offers access to:
- Case summaries
- Register of Actions (ROA)
- Minute orders
- Filed documents.
Access to probate information through San Bernardino’s CAP requires registration, and users may need to make payments to download documents.
For offline access to probate court records, record seekers can submit formal written requests or visit the San Bernardino County Superior Court Clerk's Office and request access to these documents.
How to Find San Bernardino County Probate Cases Online for Free
San Bernardino County provides access to probate court records through its Court Access Portal. Users can access basic case information and docket entries, such as filings, events, and hearing dates, for free. However, access to documents through this online tool requires registration. Additionally, if access is beyond the free docket, there may be small fees for downloading official filings; these fees are nominal per-page charges for public documents.
Accessing San Bernardino County Probate Court Records in Person
The instructions below reflect the general procedures for accessing California Superior Courts records in person, specifically focusing on San Bernardino County probate court records.
- Visit the Superior Court of California, County of San Bernardino, with a valid government-issued photo ID between 8.00 a.m. and 4.00 p.m. on work days at any of the following addresses:
The Superior Court of California, County of San Bernardino
247 West 3rd Street,
San Bernardino,
CA 92415
Fontana District Probate Clerk’s Office
17780 Arrow Boulevard,
Fontana,
CA 92335
Victorville District Probate Clerk’s Office
Victorville Courthouse 14455 Civic Center Drive,
Victorville,
CA 92392.
- Use the Public Access Terminals (kiosks) to search the court’s index and locate:
- The case number
- Parties’ names
- Filing date
- Case status
- Provide the case number and/or party names to the clerk at the counter and request the case file
- View the original court case file at a designated public review table or area (individuals are not allowed to remove original documents from the clerk’s control)
- For copies of the documents, fill out a Copy Request Form (note that making copies of San Bernardino County probate court records incurs per-page charges).
Information seekers should note that California laws do not permit access to sealed or confidential records.
Requesting San Bernardino County Probate Court Records by Mail
Individuals who cannot access San Bernardino County probate court records online or visit the Superior Court’s Clerk's Office can send mail requests for these documents. For mail-in access to San Bernardino County probate court records:
- Gather as much identifying information as possible. This should include:
- Full name of the decedent
- Probate case number (strongly recommended if available)
- Year the case was filed
- Type of probate matter (for instance, estate, guardianship, conservatorship, or trust administration)
- Complete a Copy Request Form using the case details
- Calculate and include copy fees. Payment should be through check or money order payable to the Clerk of the Superior Court
- Include a self-addressed stamped envelope with sufficient postage
- Mail the request to:
Superior Court of California, County of San Bernardino
247 West Third Street, 11th Floor
San Bernardino,
CA 92415.
San Bernardino County Probate Court Record Access Methods
| Access Method | Where to Use It | What You Can Access |
|---|---|---|
| Online Access | San Bernardino County Superior Court Access Portal |
|
| In-Person Access | The Superior Court of California, County of San Bernardino 247 West 3rd Street, San Bernardino, CA 92415 Fontana District Probate Clerk’s Office 17780 Arrow Boulevard, Fontana, CA 92335 Victorville District Probate Clerk’s Office Victorville Courthouse 14455 Civic Center Drive, Victorville, CA 92392 |
|
| Mail-In Requests | Superior Court of California, County of San Bernardino 247 West Third Street, 11th Floor San Bernardino, CA 92415 |
Note that the availability of these documents depends on the case and California's Public Records Confidentiality Rules. |
Applicable Fees for San Bernardino County Probate Court Record Requests
California’s standard practices for Superior Court records dictate the costs for accessing San Bernardino County probate records. These expenses typically include:
- Search fees
- Per-page copy fees
- Charges for certified or exemplified copies.
Additionally, the court applies fees for:
- Downloading of documents through its online portal
- Special handling or expedited request
- Electronic imaging of off-site or paper records.
The San Bernardino County Superior Court Clerk's Office Fee Schedule requires a $15.00 charge for any record search exceeding 10 minutes. The court also charges $0.50 per page for document copies (whether obtained online or offline), a $40.00 fee for certifications, and $50.00 for exemplified copies.