Where do I file for probate in Madera County?

File at the Madera County Superior Court, Civil Division, located at 200 South G Street, Madera, CA 93637. E-filing is also available.

How much does probate cost in Madera County?

The initial filing fee is $435. Additional costs include publication ($200-$700), probate referee fees (0.1% of assets), and statutory attorney/executor fees based on the estate value.

Can I avoid probate in Madera County with a small estate?

Yes. If the decedent died on or after April 1, 2025, and the estate's personal property is valued at $208,850 or less, you may use a Small Estate Affidavit. Real property valued under $750,000 (primary residence) may also qualify for a simplified petition.

How long does probate take in Madera County?

A simple probate typically takes 7 to 12 months. The process includes a mandatory 4-month creditor claim period. Complex cases can take 18 months or longer.

Do I need an attorney for probate in Madera County?

California law does not require an attorney, but probate is complex. Statutory fees for attorneys are paid from the estate, so hiring a professional is often recommended to avoid costly mistakes.

Where can I park at the Madera courthouse?

Free public parking is available in the parking structure at 228 South G Street, right next to the courthouse.

Madera County Probate Guide: Courts, Fees & Process (2026)

Overview

Madera County is located in California with a population of approximately 165,000. The Madera County Superior Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.

California probate is governed by the California Probate Code. The process begins with filing a Petition for Probate (Form DE-111) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.

California offers simplified procedures for small estates. As of April 1, 2025, if the total value of the estate's personal property is $208,850 or less, you may be able to use a small estate affidavit to transfer assets without full probate. Additionally, a simplified petition process is available for real property valued at $750,000 or less if it was the decedent's primary residence.

California law sets statutory fees for attorneys and personal representatives based on the gross value of the estate:

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

This guide provides an informational overview of the Madera County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.

Courthouse Information

Madera County Superior Court

Probate matters in Madera County are handled at the Main Courthouse.

Address: 200 South G Street, Madera, CA 93637

Phone: (559) 416-5599 (Main Line) | (559) 416-5525 (Civil Division)

Hours: Monday through Friday, 8:00 AM to 3:00 PM (Clerk's Windows); Drop box available 3:00 PM to 4:00 PM

The Probate Division is part of the Civil Division. Filings are accepted at the Civil Clerk's windows on the first floor.

Parking and Access

Free public parking is available in the parking structure located at 228 South G Street, directly adjacent to the courthouse. Street parking is also available in the surrounding area. All visitors must pass through security screening upon entry.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: If the estate's personal property is valued at $208,850 or less (for deaths on or after April 1, 2025), you may be able to transfer assets via affidavit after a 40-day waiting period.
Petition for Succession to Real Property: For real property valued at $750,000 or less (primary residence), a simplified court petition may be available.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition

If formal probate is needed, file a Petition for Probate (Form DE-111) with the Madera County Superior Court. Include:

Original Will and codicils (if any)
Notice of Petition to Administer Estate (Form DE-121)
Duties and Liabilities of Personal Representative (Form DE-147)
Certified death certificate
Filing fee: $435
Proposed Order for Probate (Form DE-140)

E-filing is available and encouraged for civil and probate matters in Madera County.

Step 3: Provide Notice

After filing, you must:

Mail notice (Form DE-121) of the hearing to all heirs, beneficiaries, and interested parties at least 15 days before the hearing.
Publish notice in a newspaper of general circulation in Madera County (such as The Madera Tribune) for three successive weeks.

Step 4: Attend the Hearing

The court will schedule a hearing on the petition, typically 4 to 8 weeks after filing. At the hearing, the judge reviews the petition and, if approved, signs the Order for Probate. The clerk then issues Letters Testamentary or Letters of Administration.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors and allow 4 months for claims to be filed.
Inventory and appraise all estate assets within 4 months of appointment (using a Probate Referee for non-cash assets).
Pay valid creditor claims and taxes.
File federal and state tax returns as needed.
Distribute assets to beneficiaries after court approval.
File a Final Account and Petition for Final Distribution to close the estate.

Local Requirements

Madera County-Specific Procedures

E-Filing: E-filing is available for probate cases through approved service providers.
Proposed Orders: Local Rule 6.1.8 requires that a version of the proposed order be emailed to the court in Word format in addition to the filed copy.
Probate Notes: The court may post probate notes prior to the hearing identifying any defects or missing information in your petition. Check the court's website for these notes to clear any issues before your hearing date.
Publication: Notice must be published in a newspaper of general circulation in Madera County for three successive weeks. The Madera Tribune is commonly used.

Always check the latest Local Rules of Court for Madera County before filing.

Timeline & Fees

Filing Fees (Madera County)

Petition for Probate: approximately $435
Petition for Final Distribution: approximately $435
Certified copies of Letters: approximately $25 + $0.50 per page
Publication costs: approximately $200-$700 depending on the newspaper and length of notice
Probate Referee Appraisal Fee: 0.1% of the value of assets appraised, plus expenses

Statutory Attorney & Executor Fees

California law sets the following fees for the attorney and the personal representative (each):

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 cards (Visa/Mastercard/Discover). A convenience fee applies to credit card payments.

Estimated Timelines

Simple estates (no disputes, limited assets): 7-12 months
Average estates: 9-18 months
Complex or contested estates: 18 months to 2+ years

Factors affecting timeline include the 4-month creditor claim period, sale of real property, and court calendar availability.

Local Resources

Madera County Court Resources

Court Website: madera.courts.ca.gov
Probate Division: madera.courts.ca.gov/divisions/probate-court
California Probate Forms: courts.ca.gov/forms.htm

Legal Aid and Attorney Referrals

Madera County Bar Association: Local attorney listings.
California Rural Legal Assistance: (559) 674-5671 — Legal aid for low-income residents.
State Bar of California Certified Lawyer Referral Services: calbar.ca.gov

Publication

The Madera Tribune: (559) 674-2402 — Common choice for probate notices.

Probate in Madera County, California: 2026 Guide