Required for attorneysLocal Rule 7.2: mandatory for attorneys and represented parties through a court-approved electronic filing service provider; optional for self-represented litigants. Anyone required to e-file may request an exemption with form EFS-007. On paper: Original wills and codicils; Surety bonds and undertakings; Letters of administration, letters testamentary, letters of guardianship and letters of conservatorship; Affidavit Re Real Property of Small Value (DE-305) and Probate Code 13101 affidavits or declarations; Bank statements for probate accountings (except as provided in Probate Code 2620(c)(1)) and final escrow closing statements; Subpoenaed documents and any other document required to be filed in original form.
Filing in person
Walk-ins acceptedProbate clerk in person at the Berkeley Courthouse Monday-Thursday 8:30 AM-3:00 PM and Friday 8:30 AM-2:00 PM; drop box Monday-Thursday 3:00-4:00 PM and Friday 2:00-4:00 PM. Phone service Monday-Friday 8:30 AM-3:00 PM.
Self-represented filing
AllowedDecedent's Estate and Small Estate Affidavit form packets posted on the Probate Rules & Forms page; hard copies of many probate forms at the Berkeley probate filing window.
Self-help center
Self-help service1-510-272-1393 · Assistance in Spanish in addition to EnglishSelf-Help Center and Family Law Facilitator; free. Covers limited conservatorship and guardianship of the minor; decedent estates are not among its listed case types. Phone Monday-Thursday 2:00-4:00 PM, LiveChat Monday-Thursday 9:00 AM-12:00 PM; drop-in services suspended, appointments by screening.
Departments
Department 201 (Berkeley Courthouse)1-510-647-4470 · dept201@alameda.courts.ca.gov
Department 202 (Berkeley Courthouse)1-510-647-4471 · dept202@alameda.courts.ca.gov
Department 103 (Oakland - Wiley W. Manuel Courthouse)1-510-627-4710 · 661 Washington Street, Oakland, CA 94607 · dept103@alameda.courts.ca.gov
Oakland - René C. Davidson Courthouse (Department 1B)1-510-891-6000 · 1225 Fallon Street, Oakland, CA 94612
About the court
Berkeley Courthouse (Departments 201 and 202) is the probate filing location; Department 103 at the Oakland Wiley W. Manuel Courthouse also hears probate matters. Probate calendars are posted on the eCourt Public Portal.
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. Alameda County runs probate e-filing through alameda.courts.ca.gov, the only California county on that system.
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. Creditors have 4 monthsCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source to present a claim, counted from the opening of the estate.
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.
California charges $435Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
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.
California sets executor compensation by statute — about $13,000 on a $500,000 estate, roughly 2.6%Cal. Prob. Code § 10800Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
California requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 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
Probate cases in Alameda County, California are filed at the Superior Court - Probate Division.
Beside the filing office, the court lists separate lines for Department 201 (Berkeley Courthouse), Department 202 (Berkeley Courthouse), Probate Examiners, and Department 103 (Oakland - Wiley W. Manuel Courthouse).
Self-Help Center and Family Law Facilitator; free. Covers limited conservatorship and guardianship of the minor; decedent estates are not among its listed case types. Phone Monday-Thursday 2:00-4:00 PM, LiveChat Monday-Thursday 9:00 AM-12:00 PM; drop-in services suspended, appointments by screening.
Can You File Without an Attorney?
In California, informal probate is not availableCal. Prob. Code §§ 8005 (hearing on the petition), 8006 (court admits the will and appoints the personal representative); no registrar or clerk informal probate trackVerified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
Bids for estate real property carry a deposit of at least 10 percent of the bid; an overbid in court is accompanied by cash, money order or certified check for 10 percent of the minimum overbid.
Paper courtesy copies of proposed orders, motions and trial documents are delivered to the assigned department's clerk on the day they are e-filed, or by the next court day when the hearing is two or more court days away.
A matter may be designated a "pre-grant" before the hearing, and the petitioner need not appear, if all supporting documents and a proposed order are submitted at least two days before the hearing.
Petitions for appointment of a guardian of the person require a personal appearance; other calendar matters may be heard in person or by ZoomGov at the department's discretion.
Probate examiner notes listing deficiencies are posted in the Register of Actions on the eCourt Public Portal about three weeks before the hearing.
Procedural issues may be addressed by a verified declaration (MC-030); an amended petition requires a new notice of hearing and republication where applicable.
Filed with the opening petition at the Superior Court - Probate Division: Certified copy of the death certificate (required by some counties with the petition; not a statewide DE-111 attachment); Original will and any codicils (lodged with the court) (Cal. Prob. Code § 8200); Notice of Petition to Administer Estate (DE-121) with proof of publication and mailed notice (§§ 8100, 8120); Duties and Liabilities of Personal Representative (DE-147); Confidential Supplement to Duties and Liabilities of Personal Representative (DE-147S), where the court requires it by local rule; Proposed Order for Probate (DE-140)Cal. Prob. Code §§ 8000-8577 (appointment & letters); §§ 8002, 10450 (petition contents)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Alameda County
In California a death is registered locally, and in Alameda County certified copies of the death certificate are issued by Clerk-Recorder's Office, Alameda County as well as by California Department of Public Health - Vital Records.
The Public Health Department registers deaths and sends requests for certificates to the Clerk-Recorder, in Oakland or Dublin. Berkeley is its own health jurisdiction with its own vital statistics office.
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 at 1106 Madison Street, Oakland, CA 94607. Phone: 1-510-272-6362. Hours: Monday-Friday 8:30 AM-5:00 PM.
The County Clerk-Recorder charges $14 for the first page plus $3 for each additional page.
Alameda County accepts electronic recording through CeRTNA.
California allows independent administrationCal. Prob. Code §§ 10400 (Independent Administration of Estates Act), 10500(a) (administer without court supervision), 10501 (actions still requiring court supervision)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
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.
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 PlanningTrust AdministrationProbateProbate Litigationand 2 more
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.
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 PlanningTrust AdministrationProbateProbate Litigationand 5 more
Office
2033 N Main Street, Suite 720Walnut Creek, CA 94596
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.
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.
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 PlanningTrust AdministrationProbateElder Lawand 5 more
Office
1855 Olympic Boulevard, Suite 125Walnut Creek, CA 94596
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.
Data sourced from California statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in California
Free tools for settling an estate in California: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in California: the personal representative files the estate inventory within 120 daysCal. Prob. Code §§ 8800-8804, 8900-8903Verified Sep 15, 2026View source of appointment; creditors have 4 monthsCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source to present claims; a simple estate closes in 9 months to 12 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in California happens outside court: the trustee acts under the state's trust statuteCal. Prob. Code § 15000 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysCal. Prob. Code §§ 16061.7, 16061.8, 16064, 16460Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In California, informal probate is not availableCal. Prob. Code §§ 8005 (hearing on the petition), 8006 (court admits the will and appoints the personal representative); no registrar or clerk informal probate trackVerified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
Enter the estate value to see California attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether California lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
