How Much Does Probate Cost in Marin County, California?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Marin County can expect.
Probate in Marin County, California runs through the Superior Court - Probate Division at 3501 Civic Center Drive, San Rafael. The total cost depends on the estate's size, whether the will is contested, and how much professional help the executor uses.
Probate matters are handled through Probate Division (Room 113), Alternative Probate Contact, Probate Court Investigators, and Juvenile Hall. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Probate office located in Hall of Justice, Room 113. These are county-specific and not posted on the statewide court site.
California charges $435Cal. Gov. Code § 70650(a)Verified May 5, 2026 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 § 8480Verified May 5, 2026 of estate value annually.
Probate in California typically runs 12 monthsCal. Prob. Code §§ 10800Verified May 5, 2026 to 18 monthsCal. Prob. Code §§ 10800Verified May 5, 2026, and costs accrue throughout. The 4 monthsCal. Prob. Code § 9100Verified May 5, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
Legal Sources
- Cal. Gov. Code § 70650(a)
- Cal. Prob. Code § 8480
- Cal. Prob. Code § 9100
- Cal. Prob. Code §§ 10800
Data sourced from California statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For Marin County, that means filing fees ($435 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs $435 in Marin County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Yes. California sets probate attorney fees by statute, so Marin County attorneys charge the same schedule as the rest of the state. Predictable, but often higher than hourly billing would produce for simple estates.
California caps executor compensation by statute — the same schedule used for attorney fees in many states. Executors can waive this fee, which often makes sense for family members who are also beneficiaries.
Yes. California estates under $208,850 can use a Small Estate Affidavit and avoid most probate costs. Check the California self-filing assessment to see if this applies.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Marin County probate.
Superior Court - Probate Division
Marin County
3501 Civic Center Drive
San Rafael, CA 94903
Phone:
415-444-7040Hours:
Clerk: 8:00 AM - 12:00 PM, 1:00 PM - 4:00 PM; Phone: 9:00 AM - 12:00 PM, 1:00 PM - 2:00 PM
Paper Filing Available
E-Filing Optional
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