What to Do When Someone Dies in Marin County, California

Probate in Marin County runs through the Superior Court - Probate Division: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

What probate costsHow to fileTransferring propertyLocal attorneys

When someone dies in Marin County, settling their estate runs through the Superior Court - Probate Division. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Superior Court - Probate Division

Marin County

Address

3501 Civic Center DriveSan Rafael, CA 94903

Hours

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
Visit court website →
Paper filing availableE-filing required for attorneysWalk-ins accepted

Departments

  • Probate Division (Room 113)415-444-7040 · probate@marin.courts.ca.gov
  • Alternative Probate Contact415-444-7044 · probate@marin.courts.ca.gov
  • Probate Court Investigators415-444-7090
  • Juvenile Hall

Frank Lloyd Wright-designed Civic Center building. Mailing: P.O. Box 4988, San Rafael, CA 94913. General court: 415-444-7000.

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Verified July 3, 2026 · Source

How Probate Works 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, its own system rather than a shared statewide portal.

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. The 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

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.

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.

Marin County runs a probate self-help center (In-person drop-in Tuesday - Thursday 8:30 AM - 12:00 PM; phone Mon-Fri 8:30 AM - 12:00 PM and 1:00 - 3:00 PM), which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case. Call 415-444-7130.

California charges $435Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6Verified Sep 8, 2026View source 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.marin.courts.ca.gov/online-services/efiling). 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 §§ 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

If you're handling probate yourself in Marin County, California, you can file at the Superior Court - Probate Division in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.

Filings here are routed through Probate Division (Room 113), Alternative Probate Contact, Probate Court Investigators, and Juvenile Hall. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Marin County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Superior Court - Probate Division is realistic. Marin County has a self-help center that assists people filing without an attorney.

For a full cost comparison and filing checklist, see the Marin County Self-Filing Assessment.

Marin County Filing Requirements

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 the following court business day.

Other Requirements

Probate office located in Hall of Justice, Room 113.

Before You Go

Walk-ins accepted

You can file in person without an appointment. In-person filing at Room 113, 8:00 AM - 4:00 PM; bring original plus at least two copies. Documents received after 3:30 PM are stamped the following court business day.

What to Bring

To file at the Superior Court - Probate Division you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Marin County

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, 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.

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

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Verified July 13, 2026 · Source

Probate Attorneys Serving Marin County

California uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Marin County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

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.

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 40 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.

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Legal Sources

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

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