What to Do When Someone Dies in Alameda County, California

Probate in Alameda County runs through the Superior Court - Probate Division: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Alameda County, settling their estate runs through the Superior Court - Probate Division. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Superior Court - Probate Division

Alameda County

Address

2120 Martin Luther King, Jr. WayBerkeley, CA 94704

Hours

Monday - Friday, 8:30 AM - 4:00 PM (Clerk in-person: Mon-Thu 8:30 AM - 3:00 PM, Fri 8:30 AM - 2:00 PM)
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

Departments

  • Oakland - Wiley W. Manuel Courthouse (Department 103)510-627-4700
  • Rene C. Davidson Courthouse510-891-6000
  • Alameda Courthouse510-891-6005
  • Fremont Hall of Justice510-818-7500
  • Hayward Hall of Justice510-690-2700
  • East County Hall of Justice925-227-6700

Berkeley Courthouse is the primary filing location for all probate matters. Oakland Wiley W. Manuel Courthouse has Department 103 for probate hearings.

Verified July 3, 2026 · Source

How Probate Works in Alameda County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Alameda County, probate runs through the Superior Court - Probate Division at 2120 Martin Luther King, Jr. Way, Berkeley.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under California intestacy law when there is no will.

Most California estates take 12 months to 18 months to move through this process. The 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Alameda County

What probate costs in Alameda County, California comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Superior Court - Probate Division at 2120 Martin Luther King, Jr. Way, Berkeley.

Probate matters are handled through Oakland - Wiley W. Manuel Courthouse (Department 103), Rene C. Davidson Courthouse, Alameda Courthouse, and Fremont Hall of Justice. Filing and payment go through these offices, not the main clerk window.

California charges $435Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Superior Court - Probate Division (https://www.odysseyefileca.com/service-providers.htm). Self-represented filers can request a paper-filing exemption.

Estimate the costs for this estate:

California sets attorney fees by statute — a percentage of the estate's gross value. Every attorney charges the same schedule, so the decision to hire one comes down to complexity, not price.

Executor compensation is also statutory in California. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

California requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Cal. Prob. Code §§ 8480 (bond required before letters issued), 8481 (waiver: will provision or all-beneficiary written waiver; court may still require bond for good cause)Verified Sep 8, 2026View source of estate value annually.

Probate in California typically runs 12 months to 18 months, and costs accrue throughout that period.

How to File Probate at the Superior Court - Probate Division

If you're handling probate yourself in Alameda County, California, you can file at the Superior Court - Probate Division in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.

Filings here are routed through Oakland - Wiley W. Manuel Courthouse (Department 103), Rene C. Davidson Courthouse, Alameda Courthouse, and Fremont Hall of Justice. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Alameda County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Superior Court - Probate Division is realistic.

For a full cost comparison and filing checklist, see the Alameda County Self-Filing Assessment.

Alameda County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

All probate documents must be filed at the Clerk's Office at Berkeley Courthouse only.

Documents must be filed no later than two court days prior to the hearing date.

What to Bring

To file at the Superior Court - Probate Division you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Alameda County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk-Recorder.

Deeds and other real property documents for Alameda County are recorded with the County Clerk-Recorder, led by Auditor-Controller/Clerk-Recorder Melissa Wilk, at 1106 Madison Street, Oakland, CA 94607. Phone: (510) 272-6362. Hours: Monday - Friday, 8:30 AM - 5:00 PM; Recording hours 8:30 AM - 4:30 PM.

The County Clerk-Recorder charges $14 for the first page plus $3 for each additional page.

Alameda County accepts electronic recording through CeRTNA.

Recording Office Record

County Clerk-Recorder

Alameda County · Auditor-Controller/Clerk-Recorder · Melissa Wilk

Address

1106 Madison StreetOakland, CA 94607

Hours

Monday - Friday, 8:30 AM - 5:00 PM; Recording hours 8:30 AM - 4:30 PM

E-recording

Available via CeRTNAE-recording info →
Visit recorder website →

Recording fees

Base fee (first page)$14
Each additional page$3
GC 27388.1 Building Homes and Jobs Act Fee (SB 2)Applies to a TOD deed$75
Transfer tax on a TOD deedExempt

Cal. Gov. Code 27361; Cal. Gov. Code 27388; Cal. Gov. Code 27388.1; Cal. Gov. Code 27388.2; Cal. Rev. & Tax. Code 11911; Cal. Rev. & Tax. Code 11930

Verified September 4, 2026 · Source

Probate Attorneys Serving Alameda County

California uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Alameda County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Probate attorney fees in California are set by statute as a percentage of the estate's value, so every Alameda County attorney charges the same schedule. Price isn't the variable — experience with the Superior Court - Probate Division and responsiveness are.

A probate attorney files the petition with the Superior Court - Probate Division, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmSan Francisco, CA

Bay Area Probate & Estate Law

Serves 5 counties

Serves San Francisco, San Mateo, and the surrounding Bay Area from downtown San Francisco. Handles probate and trust administration through asset distribution and title transfers, plus conservatorships and trust and estate litigation. Principal Sheila Robello holds an LLM in taxation and is a State Bar certified specialist in Estate Planning, Trust and Probate Law.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 2 more

Office
177 Post St, Suite 600San Francisco, CA 94108
Free consultation

FirmOakland, CA

Bowman Law Group, P.C.

Serves 2 counties

Boutique Uptown Oakland practice serving Alameda County executors and successor trustees. Settles a decedent's estate whether or not a court proceeding is required, advises beneficiaries of estates and trusts, and represents fiduciaries appointed to administer estates, trusts, and conservatorships. The practice traces to a firm founded in Oakland in 1948.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateConservatorship

Office
1901 Harrison Street, Suite 1500Oakland, CA 94612

FirmWalnut Creek, CA

Brothers Smith LLP

Serves 2 counties

Walnut Creek firm serving Contra Costa and Alameda counties. Probate work covers court filings and hearings, creditors' claims, inventory and appraisals, court accountings, and distribution, alongside trust administration, conservatorship petitions, and special needs trusts. Represents trustees, personal representatives, beneficiaries, and heirs in will contests and trust disputes.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more

Office
2033 N Main Street, Suite 720Walnut Creek, CA 94596

Solo PracticeNapa, CA

Celaya Law

Serves 16 counties

Napa estate planning and elder law practice led by Anthony Celaya, with offices across California from Santa Rosa and Sacramento to Los Angeles and San Diego. Handles probate and estate administration and Medi-Cal planning alongside trusts, wills, and incapacity planning. Clients are served in person or through virtual consultations, and the initial consultation is free.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
960 School St.Napa, CA 94559
Free consultationVirtual consultations

Solo PracticeOakland, CA

East Bay Probate & Trust Administration

Since 1986 · Serves 2 counties

Serves executors, heirs, and trustees in Oakland and across Alameda County from Harrison Street downtown. A boutique built around the probate process and trust administration, with estate planning, Medi-Cal planning, and first-party special needs trusts alongside. Founder Mike Broad has practiced in the East Bay since 1986.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
1999 Harrison Street, 18th FloorOakland, CA 94612

FirmWalnut Creek, CA

Feldman Law Group

Serves 2 counties

Estate planning and elder law firm in Walnut Creek serving Contra Costa and Alameda counties. Guides executors and administrators through California probate and handles trust administration, conservatorships, and Medi-Cal and long-term-care planning, with a strong special needs practice. Founding attorney Aaron Feldman brings over 35 years of legal experience.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more

Office
1855 Olympic Boulevard, Suite 125Walnut Creek, CA 94596
Free consultation
See all 53 firms serving Alameda County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from California statutes and official state code. How we research.