Overview
Marin County is located in California with a population of approximately 256,400. The Superior Court of California, County of Marin 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 formal probate. Additionally, a Petition to Determine Succession to Real Property is available for estates containing real property valued up to $750,000 (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 Marin 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
Marin County Superior Court
Probate matters in Marin County are handled at the Civic Center, Hall of Justice.
Address: 3501 Civic Center Drive, San Rafael, CA 94903
Phone: (415) 444-7040 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (Clerk's office may close from 12:00 PM to 1:00 PM)
The Probate Division is located in Room 113. The court handles decedent estates, trusts, guardianships, and conservatorships.
Parking and Access
Free parking is available for court visitors in designated lots surrounding the Civic Center. Juror and long-term parking is typically located in the lot near the armory or as directed by signage. The facility is accessible, with specific parking spaces for persons with disabilities near the archway entrances.
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 (effective 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 estates with real property valued up to $750,000 (primary residence), a simplified court petition may be used.
- 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 Superior Court of California, County of Marin. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Duties and Liabilities of Personal Representative (Form DE-147)
- Filing fee (typically $435)
- Proposed Order for Probate (Form DE-140)
E-filing is mandatory for parties represented by attorneys in Marin County (effective April 2024). Self-represented litigants may file electronically or in person.
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 Marin County (e.g., Marin Independent Journal, Point Reyes Light, or The Ark) three times before the hearing.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, 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.
- Inventory and appraise all estate assets within 4 months of appointment.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Final Account and Petition for Final Distribution to close the estate.
Local Requirements
Marin County-Specific Procedures
- E-Filing: Mandatory for attorneys; permissive for self-represented litigants. The court uses approved Electronic Filing Service Providers (EFSPs).
- Local Rules: Consult Marin County Local Rules, specifically Rule 6 (Probate Rules), for detailed procedural requirements regarding bonds, accountings, and ex parte applications.
- Tentative Rulings: The court may issue tentative rulings before the hearing. Parties should check the court's website after 2:00 PM the court day before the hearing.
- Publication: Notice must be published in a newspaper of general circulation in Marin County for at least three publications over a period of at least 15 days.
Always check with the court clerk or a local attorney for the most up-to-date local requirements.
Timeline & Fees
Filing Fees (Marin County)
- Petition for Probate: approximately $435
- Petition for Succession to Real Property: approximately $435
- Small Estate Affidavit: No court filing fee (affidavit is presented to holder of property), but recording fees may apply for real property.
- Certified copies of Letters: approximately $25 + $0.50 per page
- Publication costs: approximately $150-$450 depending on the newspaper
California law mandates statutory fees for attorneys and executors:
- 4% on the first $100,000
- 3% on the next $100,000
- 2% on the next $800,000
- 1% on the next $9,000,000
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa, MasterCard, Discover, Amex). A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates: 12-18 months
- Average estates: 18-24 months
- Complex or contested estates: 2 years or more
Delays often occur due to the 4-month creditor claim period, tax return processing, or court calendar congestion.
Local Resources
Marin County Court Resources
- Court Website: marin.courts.ca.gov
- Probate Division: Probate Information
- California Probate Forms: Judicial Council Forms
Legal Aid and Attorney Referrals
- SF-Marin Lawyer Referral Service: (415) 989-1616 — Lawyer referral for San Francisco and Marin counties
- Legal Aid of Marin: (415) 492-0230 — Civil legal services for low-income residents
- California State Bar: calbar.ca.gov
Publication
- Marin Independent Journal: (415) 382-7335 — General circulation
- Point Reyes Light: (415) 663-8404 — West Marin coverage
- The Ark: (415) 435-2652 — Tiburon/Belvedere coverage