Estate Planning & Probate in Marin County, California
There are two reasons people look up Marin County probate: to keep a family out of it, or to get a loved one's estate through it. This page points you to the right path—planning ahead, or settling an estate at the Superior Court - Probate Division.
Someone died — settling an estate
Filing probate at the Superior Court - Probate Division, what it costs, transferring property, and local attorneys.
What to do when someone dies in Marin County →Planning ahead as a property owner
Keep a Marin County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Marin County →The Probate Process in Marin 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 Marin County, probate runs through the Superior Court - Probate Division at 3501 Civic Center Drive, San Rafael. Marin County runs probate e-filing through marin.courts.ca.gov, the only California county on that system.
Full Marin County probate guide: cost, how to file & attorneys →Probate Court Record
Marin County Superior Court - Probate Division
Marin County
Phone
Hours
Office
Website
E-filing
Filing in person
Self-represented filing
Self-help forms
How to file probate in Marin County →
Verified October 15, 2026 · Source
Recording Office Record
County Recorder
Marin County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
Local Health Department
Marin County · Health and Human Services Vital Statistics Office
Phone
Office
Website
Certified copies
Certified copy fee
Also issued by
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Marin County · Sheriff's Office Coroner Division
Phone
Hours
Office
Website
Release of remains
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Superior Court - Probate Division
Probate ex parte matters Thursdays at 9:00 AM in Courtroom C, heard at the conclusion of the regular probate calendar.
Legal Self Help Center; services in English and Spanish. Phone hours Monday-Friday 8:30 AM-12:00 PM and 1:00-3:00 PM; email services Monday-Friday 8:30 AM-3:00 PM; Zoom drop-in clinics Monday and Friday 8:30 AM-12:00 PM. Listed areas of assistance include guardianship; decedent estates are not listed.
Documents received in the clerk's office after 3:30 PM are time-stamped with the current date and processed the following court business day; the date of filing is the time-stamped date. Opposition papers and supplemental documents are filed at least five court days before the hearing; a continuance request in an uncontested matter is made by noticed motion at least three court days before the hearing.
Forms for Planning and Settling an Estate in California
Free California forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for California.
Last Will and Testament
In California, a will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitCal. Prob. Code § 6110Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In California, a pour-over will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
California allows a choice for a healthcare power of attorney: 2Cal. Prob. Code § 4701Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
California requires explicit durability language for a power of attorney to survive incapacityCal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Oct 21, 2026View source, and it is signed before 2Cal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source witnesses or a notary.
Tools for Planning and Settling an Estate in California
Free calculators and checklists to plan or settle an estate in California: will and trust costs, probate, executor pay and taxes. Run each tool for California.
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.
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.
Do I Need Probate?
In California, estates valued at $208,850Cal. Prob. Code § 13100Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitCal. Prob. Code § 13100Verified Sep 8, 2026View source, 40 daysCal. Prob. Code § 13100Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
California is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in California, descendants divide what passes to them per capita with representationCal. Prob. Code § 240Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursCal. Prob. Code § 6403(a)Verified Oct 21, 2026View source to inherit.
How Much Does Probate Cost?
Probate on a $500,000 estate in California costs an estimated $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source. Attorney fees are statutory (set by law)Cal. Prob. Code § 10810Verified Sep 8, 2026View source.
California Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Marin County.
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