Required for attorneysLocal Rule 2 requires electronic filing in probate matters through an approved electronic filing service provider (Odyssey eFileCA); self-represented parties are exempt. A filing transmitted before midnight is deemed filed that day, and a party with a fee waiver pays no e-filing fees. A $1.00 minimum convenience fee applies to e-filing transactions paid by credit card.
Filing in person
Walk-ins acceptedProbate pleadings are filed with the Civil Division clerk at the Old Merced Courthouse or at the Robert M. Falasco Justice Center in Los Banos, 8:00 AM to 3:00 PM Monday through Friday. Drop boxes at both courthouses take documents 24 hours a day, and documents deposited before 4:00 PM are filed the same day. A self-addressed stamped envelope must accompany documents for conformed copies to be returned.
Self-represented filing
AllowedLocal Rule 100 makes every Judicial Council probate form mandatory in Merced County, and the clerk may refuse a document not on the required form. The clerk does not prepare, mail or publish notices; the petitioner submits them with the petition and handles all mailing and newspaper publication. Forms and form packets can be bought at the Clerk's Office.
Accepted payment
At the counterCash, Check, Money order.The Civil clerk takes cash and money orders over the counter; a personal check requires a financial declaration. By mail the court takes money orders and personal checks up to $25. Credit and debit cards are not accepted.
Hearing schedule
Courtroom 10, Old Merced Courthouse: probate short cause Monday, Wednesday, Thursday and Friday at 8:15 AM; contested probate Monday and Wednesday at 1:30 PM; ex parte hearings at 1:15 PM; probate auction sales Fridays at 9:30 AM. Courtroom 12, Los Banos: probate Tuesdays and Thursdays at 9:00 AM.
Self-help center
Room 1400, Ogletree Jr. Courthouse, 2260 N Street, Merced; also the Robert M. Falasco Justice Center, 1159 G Street, Los Banos1-209-725-4168 · selfhelp@mercedcourt.org · Monday-Friday 8:00 AM-noon · Assistance in Spanish in addition to EnglishParalegals and an attorney help with guardianship of a minor, family law, restraining orders, small claims, name changes, evictions and adoptions; decedent estates are not among the listed case types. Help starts with a phone or email triage, then forms by email and a scheduled appointment by phone, video or in person; there are no walk-ins.
Probate Unit (Clerk's Office)1-209-725-4111 · Monday-Friday 8:00 AM-noon and 1:00 PM-3:00 PMQuestions on fees, forms, the status of orders, Zoom links and remote appearances.
Probate Examinerprobate.examiner@mercedcourt.orgAnswers only questions on the meaning of comments in the probate notes; the subject line carries the case identification and hearing date and time, and attachments are not opened.
Probate calendar (notice of intent to appear)1-209-725-4240A party contesting a tentative ruling in the probate notes calls by 4:00 PM on the court day before the hearing and notifies all other parties.
Court Investigators1-209-725-4190Guardianship and conservatorship of the person questions.
Robert M. Falasco Justice Center (Los Banos)1-209-725-4124 · 1159 G Street, Los Banos, CA 93635Takes probate filings and hears probate in Courtroom 12.
About the court
The Probate Department hears decedents' estates, trusts, guardianships of minors, conservatorships of adults and minor's compromises. Filings are taken at the Civil Division clerk in the Old Merced Courthouse and at the Los Banos courthouse; Merced hearings are in Courtroom 10 of the Old Merced Courthouse.
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 Merced, probate runs through the Superior Court - Probate Department at 627 West 21st Street, Merced. Probate e-filing in Merced County goes through merced.courts.ca.gov, which no other California county uses.
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 Merced County
What probate costs in Merced 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 Department at 627 West 21st Street, Merced.
Procedures at this court that affect cost: Creditors file claims with the clerk, and the disposition of every claim is reported on the Allowance or Rejection of Creditor's Claim form before any distribution, including under independent administration.
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 Department
Probate cases in Merced County, California are filed at the Superior Court - Probate Department.
Beside the filing office, the court lists separate lines for Probate Unit (Clerk's Office), Probate Examiner, Probate calendar (notice of intent to appear), and Court Investigators.
Paralegals and an attorney help with guardianship of a minor, family law, restraining orders, small claims, name changes, evictions and adoptions; decedent estates are not among the listed case types. Help starts with a phone or email triage, then forms by email and a scheduled appointment by phone, video or in person; there are no walk-ins.
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.
Bond is waived on written waivers attached to the petition when every heir or beneficiary is competent to act; a waiver for a minor or other incompetent person needs an appropriate representative.
A nonresident personal representative nominated to serve without bond may still be required to post bond on good cause. Where intended real property sales under the Independent Administration of Estates Act are known at the first petition, the petition says so, so the bond can include anticipated sale proceeds.
Each personal representative files an acknowledgment of receipt of Duties and Liabilities of Personal Representative (DE-147) before letters issue, and a nominee other than the petitioner files a written consent to serve.
When the probate notes recommend approval, the petitioner may choose not to appear, and a non-appearance may be treated as a submission on the recommendation.
Appearances are required on petitions to appoint a conservator or guardian, on confirmations of sale of real or personal property and on any petition with objections. Guardianships and conservatorships of the person and minor's compromises are not reflected in the notes and require an appearance unless excused.
The court presumes an in-person appearance unless a party requests or gives notice of a remote appearance by Zoom; a remote appearance is not permitted where the probate notes require a personal appearance.
Remote appearance requests in probate go to the Probate Unit of the Clerk's Office, and Notice of Remote Appearance (RA-010) is the form.
A petition for probate of a will lists every person and organization named in the will or codicils, including the trustee of a living trust that is a beneficiary.
A predeceased devisee is stated in the notice; where an heir or beneficiary cannot be named or located, a declaration of good-faith efforts is filed.
If the publication is correct but the mailing is defective, the hearing is normally continued for an amended mailed notice; if the publication is defective, the matter goes off calendar and new notice is published and mailed.
Probate examiner notes for the 8:15 AM calendar are posted on the Probate Notes page, typically five days before the hearing, and stay up until the morning of the hearing.
Documents that cure a technical defect are filed at least two court days before the hearing; late documents are reviewed only at the hearing, at the judge's discretion, and can lead to a continuance.
Filed with the opening petition at the Superior Court - Probate Department: 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 Merced County
In California a death is registered locally, and in Merced County certified copies of the death certificate are issued by Public Health Birth and Death Records Office, Merced County as well as by California Department of Public Health - Vital Records.
Vital Records Office Record
Local Health Department
Merced County · Public Health Birth and Death Records 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 Merced County are recorded with the County Recorder at 2222 M Street, Main Floor, Merced, CA 95340. Phone: 1-209-385-7627. Hours: Monday-Friday 8:00 AM-4:30 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 Merced County attorney charges the same schedule. Price isn't the variable — experience with the Superior Court - Probate Department and responsiveness are.
A probate attorney files the petition with the Superior Court - Probate Department, 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 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
Merced practice serving Merced, Mariposa, Stanislaus, and Fresno counties. Advises executors and administrators through probate, from the petition and letters testamentary to collecting assets, paying debts and taxes, and distributing to heirs, and handles special needs trusts, Medi-Cal planning, and long-term care planning.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
Merced firm serving Merced County for over 40 years with estate planning and probate, trusts, conservatorships, will contests, Medi-Cal planning, and elder law. Keith C. King, admitted in 1961, serves on the Merced Probate Court Rules Committee and belongs to the State Bar Estate Planning, Trust and Probate Law Section and the National Academy of Elder Law Attorneys.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more
Modesto firm on K Street serving Stanislaus, San Joaquin, Merced, Mariposa, Tuolumne, and Calaveras counties with trust administration and probate alongside wills, trusts, and powers of attorney. Founded in 2009 by Gina Leguria, whose own family spent four and a half years in probate court after her father died, it also handles Medi-Cal and special needs planning.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
Murphys firm with offices in Sonora and Modesto, serving Calaveras, Tuolumne, Stanislaus, San Joaquin, and Merced Counties with probate and trust administration alongside estate planning. Appears regularly in the Calaveras County Superior Court in San Andreas. Founding partner Jay Pink is an attorney, CFP, and CPA.
Modesto firm serving Stanislaus, Merced, San Joaquin, Tuolumne, Calaveras, and Fresno Counties with probate administration, trust administration, and estate and gift tax planning alongside wills and trusts. Offers a free consultation on all new probate matters.
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.
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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.
