Overview
Contra Costa County is the ninth-most-populous county in California, with approximately 1.2 million residents. Located in the East Bay region, the county includes the cities of Concord, Richmond, Walnut Creek, and Antioch. The Contra Costa County Superior Court, Probate Division handles all estate matters for decedents domiciled in the county at the time of death.
California probate follows the Probate Code. The process begins with a Petition for Probate (DE-111) to admit the will and appoint a personal representative. The court issues Letters Testamentary (DE-150) or Letters of Administration upon approval. The Independent Administration of Estates Act (IAEA) is routinely granted in Contra Costa County.
Estates valued at $184,500 or less (as of 2024) may qualify for California's small estate affidavit under Probate Code Section 13100. Given East Bay property values, many estates in Contra Costa County exceed this threshold.
Statutory attorney and executor fees are set by law: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and decreasing percentages for larger estates.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Contra Costa County Superior Court or a qualified attorney.
Courthouse Information
Contra Costa County Superior Court — Probate Division
Probate matters in Contra Costa County are heard at the Wakefield Taylor Courthouse in Martinez, the county seat.
Address: 725 Court Street, Martinez, CA 94553
Phone: (925) 608-1000 (General Information)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Wakefield Taylor Courthouse handles probate, civil, and family law matters. Check your hearing notice for the specific department assignment.
Parking and Access
Free parking is available near the Wakefield Taylor Courthouse in Martinez. The courthouse is accessible from Highway 4 and Interstate 680. Visitors should allow time for security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Evaluate your options:
- Small estate affidavit (Probate Code Section 13100): Estates valued at $184,500 or less may qualify. East Bay property values often push estates above this limit.
- Spousal property petition (DE-221): Available for community property transfers to a surviving spouse.
- Trust administration: Assets in a living trust generally bypass probate.
Step 2: File the Petition for Probate (DE-111)
File at the Contra Costa County Superior Court in Martinez. Include:
- Completed DE-111 form
- Original will and codicils (if any)
- Certified death certificate
- Filing fee
- Proposed Order for Probate (DE-140)
- Duties and Liabilities of Personal Representative (DE-147)
Contra Costa County accepts e-filing through approved electronic filing service providers.
Step 3: Provide Notice
- Mail notice (DE-120, DE-121) to all heirs, beneficiaries, and interested parties at least 15 days before the hearing
- Publish notice in a newspaper of general circulation in Contra Costa County for three successive weeks
Step 4: Attend the Hearing
The hearing is typically scheduled 30 to 45 days after filing. Letters are issued upon approval.
Step 5: Administer the Estate
Inventory and appraise assets within four months, notify creditors, pay valid claims (four months from Letters issuance or 60 days from notice), file taxes, distribute assets, and file a Final Account.
Local Requirements
Contra Costa County-Specific Procedures
- E-filing: Contra Costa County Superior Court accepts e-filing through approved EFSPs. Original wills must be lodged with the court.
- Probate examiner review: The court uses probate examiners who review filings before hearings. Review examiner notes before your hearing.
- Filing location: Probate matters are heard at the Wakefield Taylor Courthouse in Martinez, even though the county has court locations in other cities.
- Publication: Notice must appear in a Contra Costa County newspaper of general circulation for three successive weeks.
- Bond: May be required unless waived by the will with IAEA authority.
IAEA in Contra Costa County
Contra Costa County courts routinely grant IAEA authority. This reduces court hearings during estate administration and is especially valuable for real property transactions.
Spousal Property Petition
A surviving spouse or domestic partner may file a petition (DE-221) to confirm community property without full probate.
Timeline & Fees
Filing Fees (Contra Costa County)
- Petition for Probate (DE-111): approximately $435-$550
- Probate Referee fee: approximately 0.1% of appraised non-cash assets (minimum $150)
- Certified copies of Letters: approximately $25-$30 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Filing a Final Account: additional court filing fee
Statutory Attorney and Executor Fees
Per Probate Code Section 10810:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9,000,000
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards. A convenience fee may apply to card payments.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The four-month creditor claim period sets the minimum timeline.
Local Resources
Contra Costa County Superior Court Resources
- Court Website: cc-courts.org
- Probate Information: Available through the court website
- Self-Help Center: cc-courts.org/self-help
- California Judicial Council Probate Forms: courts.ca.gov/forms
Legal Aid and Attorney Referrals
- Contra Costa County Bar Association Lawyer Referral Service: (925) 370-2544
- Bay Area Legal Aid: (800) 551-5554
- State Bar of California Lawyer Referral: calbar.ca.gov
Publication
- Contra Costa Times / East Bay Times: Major newspaper of general circulation
- Martinez News-Gazette: Local newspaper serving the county seat
- The Concord Transcript: Legal publication in Contra Costa County