Required for attorneysThe court began accepting e-filed documents on March 25, 2024. E-filing is mandatory for all parties represented by attorneys as of April 26, 2024, including in probate cases. Self-represented litigants are not required to e-file (CRC 2.253(b)(2) and CCP 1010.6(f)(2)) and may file by mail, in person or through the drop box. On paper: Original wills and codicils; Probate bonds, and bonds and undertaking documents; Affidavit Re Real Property of Small Value; Any order with an original judicial officer's signature; Subpoenaed documents; Copy requests; Documents with an existing court file stamp; Any paper document ordered by the court to be filed in the clerk's office.
Filing in person
Walk-ins acceptedNo appointment is necessary at the probate window, Room 113, 8:00 AM - 4:00 PM (closed 12:00-1:00 PM); bring the original plus at least two copies, and arrive before 3:30 PM to file a new case. Self-represented litigants may also submit documents by e-filing, postal mail or the drop box.
Self-represented filing
AllowedLocal probate forms are posted under Probate Forms on the Local Forms page.
Hearing schedule
Probate ex parte matters Thursdays at 9:00 AM in Courtroom C, heard at the conclusion of the regular probate calendar
Self-help center
Civic Center, Hall of Justice, Room C-44, San Rafael, CA 949031-415-444-7130 · selfhelp@marin.courts.ca.gov · Tuesday-Thursday 8:30 AM-noon (in-person drop-in) · Assistance in Spanish in addition to EnglishLegal 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.
Tentative Rulings (judicial secretary)1-415-444-7260Tentative rulings by phone 2:00-4:00 PM on the court day before the hearing; confidential probate cases are not posted online.
Probate Clerk's Office is in the Hall of Justice, Room 113, Marin County Civic Center; probate phone hours 9:00 AM-12:00 PM and 1:00-2:00 PM. General court line 415-444-7000.
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.
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 Marin County
What probate costs in Marin 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 3501 Civic Center Drive, San Rafael.
Procedures at this court that affect cost: Court-set probate investigation fees: guardianship $625 initial, $475 review and $250 status review; conservatorship $550 temporary, $475 review and $850 general.
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 Marin County, California are filed at the Superior Court - Probate Division.
Beside the filing office, the court lists separate lines for Probate Division (Room 113), Probate Ex Parte Appearances, Probate Court Investigators, and Tentative Rulings (judicial secretary).
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.
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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
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.
Proposed orders are submitted when the petition is filed. Conformed copies are mailed only with a self-addressed stamped envelope; otherwise they are held in the Will Call cabinet in Room 113 for up to 60 days.
A holographic will offered for probate is accompanied by a typewritten copy, and a foreign-language will by an English translation with a declaration of the translator's qualifications.
Tentative rulings issue on all probate calendar matters except ex parte matters and are posted after 2:00 PM one court day before the hearing. A party seeking oral argument notifies all parties entitled to notice and the court (415-444-7046, option 5) by 4:00 PM the court day before; otherwise the tentative ruling becomes the order of the court.
Probate ex parte applications are filed by 10:00 AM two court days before the hearing, and written opposition by 3:30 PM one court day before.
In an extreme emergency, a request for a specially set ex parte hearing may be emailed to probate@marin.courts.ca.gov for the Probate Judge's approval.
The Notice of Petition to Administer Estate is published in a newspaper adjudicated for Marin County; the court lists them in local form PR028. Publication is arranged by the attorney, not the clerk.
Bond is ordinarily not required of a personal representative where the will waives it, the petitioner is the sole beneficiary, or all beneficiaries waive it; a nonresident personal representative may be required to post bond for the decedent's unsecured debts.
Where accounts are blocked, the receipt and agreement of depository is filed before Letters issue, and the Letters state that the account has been blocked and receipts filed.
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 Marin County
In California a death is registered locally, and in Marin County certified copies of the death certificate are issued by Health and Human Services Vital Statistics Office, Marin County as well as by California Department of Public Health - Vital Records.
Vital Records Office Record
Local Health Department
Marin County · Health and Human Services Vital Statistics Office
The office keeps the current year and the year before. The County Recorder holds older deaths and prints most copies while you wait, though a death in the last six weeks may be held only by this 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 Recorder.
Deeds and other real property documents for Marin County are recorded with the County Recorder at 3501 Civic Center Drive, Suite 232, San Rafael, CA 94903. Phone: 1-415-473-6092. Hours: Monday-Friday 9:00 AM-4:00 PM.
The County Recorder charges $14 for the first page plus $3 for each additional page.
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 Marin 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 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.
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 PlanningTrust AdministrationProbateProbate Litigationand 4 more
Office
One Embarcadero, Suite 1200San Francisco, CA 94111
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 PlanningTrust AdministrationProbateElder Law
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.
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 PlanningTrust AdministrationProbateProbate Litigationand 2 more
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 PlanningTrust AdministrationProbateProbate Litigationand 7 more
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.
$
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.
