Estate Planning for Marin County, California Property Owners

For most Marin County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Marin County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Superior Court - Probate Division. The two tools that keep a Marin County home out of probate are a transfer-on-death deed recorded with the County Recorder, and a revocable living trust that holds title to the property.

Skipping this planning step means the Superior Court - Probate Division decides who receives the property: a simple California probate takes 9+ months and opens with $435 in court filing fees. California also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Marin County

A revocable transfer on death deed names a beneficiary who receives Marin County property automatically at the owner's death, without probate. It is recorded with the County Recorder during the owner's lifetime and can be revoked at any time.

Before recording, a California revocable transfer on death deed is signed with 2Cal. Prob. Code 5600-5698Verified Aug 24, 2026View source witnesses and notary acknowledgmentCal. Prob. Code 5600-5698Verified Aug 24, 2026View source. The deed takes effect only if it is recorded within 60 daysCal. Prob. Code 5600-5698Verified Aug 24, 2026View source of notarization and before the owner's deathCal. Prob. Code 5600-5698Verified Aug 24, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Marin County are recorded with the County Recorder, led by Assessor-Recorder-County Clerk Shelly Scott, at 3501 Civic Center Drive, Suite 232, San Rafael, CA 94903. Phone: (415) 473-6092. Hours: Monday - Friday, 9:00 AM - 4:00 PM (documents for same-day recording must be reviewed before 3:00 PM).

The County Recorder charges $14 for the first page plus $3 for each additional page. A 2-page revocable transfer on death deed costs $92 to record in Marin County, which is $17 in recording fees plus the $75 Building Homes and Jobs Act Fee (SB 2). A revocable transfer on death deed is exempt from transfer tax.

Recording Office Record

County Recorder

Marin County · Assessor-Recorder-County Clerk · Shelly Scott

Address

3501 Civic Center Drive, Suite 232San Rafael, CA 94903

Hours

Monday - Friday, 9:00 AM - 4:00 PM (documents for same-day recording must be reviewed before 3:00 PM)
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 July 13, 2026 · Source

Estate Planning Attorneys Serving Marin County

FirmSan Francisco, CA

Greene Law Firm, P.C.

Serves 4 counties

Serves Bay Area families from downtown San Francisco, with probate filed in the San Francisco, Alameda, and San Mateo County Superior Courts. Handles probate from the petition through inventory, creditor claims, and final distribution, alongside Medi-Cal and elder law planning and asset protection. Founder Jay Greene is both a licensed attorney and a CPA.

PracticesEstate PlanningEstate AdministrationProbateElder Lawand 2 more

Office
447 Sutter Street, Ste 435San Francisco, CA 94108

FirmSan Francisco, CA

Harrington Law, P.C.

Since 2009 · Serves 5 counties

Bay Area trusts and estates practice serving San Francisco and the North Bay from offices in San Francisco and Sonoma. Attorney Amy Harrington handles trust and probate administration, conservatorships, and will and trust contests, and is frequently appointed to serve as administrator, trustee, partition referee, and receiver.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more

Office
One Embarcadero, Suite 1200San Francisco, CA 94111

Solo PracticeSebastopol, CA

Kenneth S. Jacobs, Attorney at Law

Serves 2 counties

Sebastopol solo practitioner serving Sonoma County since 1992, and a State Bar of California Certified Specialist in Estate Planning, Trust & Probate Law since 1998. Handles probate and trust administration after a death alongside living trusts, wills, powers of attorney, and elder law. Offers a free initial consultation and video appointments.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateElder Law

Office
117 N. Main StreetSebastopol, CA 95472
Free consultationVirtual consultations

Solo PracticePetaluma, CA

Law Office of Andrew Kern

Serves 3 counties

Petaluma solo practice serving Sonoma, Marin, and Napa Counties with probate representation, trust administration, and estate planning, alongside bankruptcy and tax debt work. Andrew Kern has over 30 years of California legal experience, quotes a flat fee after a free initial consultation, and answers his own phone.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateBankruptcy

Office
755 Baywood Drive, Floor 2Petaluma, CA 94954
Free consultation

FirmMerced, CA

Berliner Cohen LLP

Serves 5 counties

Serves Merced, Mariposa, and Stanislaus counties from Merced, with offices in San Jose, Modesto, and Mariposa. Represents trustees and executors on full and summary probate, sub-trust funding, fiduciary accountings, estate tax returns, and post-death tax planning, and handles probate, trust, and estate litigation. One of the few firms with a Mariposa County office.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 2 more

Office
548 W. 21st StreetMerced, CA 95340

FirmCorona, CA

Holstrom, Block & Parke, APLC

Serves 7 counties

Corona-headquartered firm with offices in San Diego, Newport Beach, Glendale, and San Francisco, plus satellite offices in Riverside, Temecula, Vista, and Roseville. Through its Sandoval Legacy Group division it handles probate and trust administration, conservatorships, will contests and fiduciary disputes, elder law, and special needs planning. Offers a free phone consultation.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 8 more

Office
1897 California Ave, Suite 102Corona, CA 92881
Free consultationVirtual consultations
See all 32 firms serving Marin 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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

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

California Estate Planning Articles

Estate planning articles for California.