Alameda County Probate Guide
Superior Court of California, County of Alameda · Updated January 2026
Filing & Fees
Complete Fee Schedule
Source ↗Probate Filing Fees
| Filing Type | Fee |
|---|---|
Petition for Probate Standard probate filing fee | $435 |
Small Estate Affidavit For estates under threshold (no court filing needed) | $0 |
Spousal Property Petition Transfer community property to surviving spouse | $435 |
Real Property Petition Transfer real property without full probate | $435 |
Accepted Payment: Cash, Check, Credit Card, Money Order
Note: Fees set by California Uniform Civil Fee Schedule. Alameda County follows statewide fee schedule.
Document Fees
Fees set by California Uniform Civil Fee Schedule. Alameda County follows statewide fee schedule.
Required Documents
- Death Certificate
Certified copy required. Order 10-15 copies.
- Original Will (if exists)
Original will must be filed with court
- Death Certificate
Certified copy required. Order 10-15 copies.
- Original Will (if exists)
Original will must be filed with court
E-Filing & Filing Methods
Source ↗Timelines & Proceedings
Deadlines & Creditor Claims
Key Deadlines
- Will Deposit
- 30 days
- Creditor Claims
- 4 months
- Known Creditor Notice
- 30 days
Creditor Claims
- Period Starts
- date of first publication of notice to creditors
- Statute
- California Probate Code sections 9100-9103
Publication Requirements
Notice to Creditors
- Newspaper
- The Daily Journal (Alameda County edition)
- Duration
- Once a week for 3 successive weeks
- Deadline
- Within 30 days after letters issued
- Est. Cost
- Varies by newspaper and county - typically $150-$400
Alternatives: Oakland Tribune, East Bay Times, The Montclarion
Notice of Petition/Administration
Must be sent within 15 days to:
- All heirs named in will
- All intestate heirs (if no will)
- Spouse or domestic partner
Hearing Scheduling
Related Proceedings
Property Recording
Source ↗Recording Fees
- First Page
- $25.00
- Additional Pages
- $3.00
Guardianship
Guardianship is a court proceeding for adults who are not a child's parents to get custody of the child.
Filing Fees
- Person Only
- $435
- Property/Estate
- $435
guardianship of person
Guardian makes decisions about child's care, welfare, and education
guardianship of estate
Guardian manages child's property and finances
Court Rules & Orders
Local Rules
- Probate documents must only be filed at Berkeley Courthouse
- All documents must be filed no later than two court days prior to hearing date
- Remote appearances are at department's discretion
- ZoomGov video conference required for remote appearances (not telephone)
- Guardianship of person petitions require in-person appearance
- Written request required for remote trial appearance (5 court days advance)
Sources (9)
- https://www.alameda.courts.ca.gov/
- https://www.alameda.courts.ca.gov/divisions/probate
- https://www.alameda.courts.ca.gov/divisions/probate/hearings
- https://www.alameda.courts.ca.gov/divisions/probate/learn-about-probate
- https://www.alameda.courts.ca.gov/self-help
- https://www.alameda.courts.ca.gov/online-services/e-filing
- https://eportal.alameda.courts.ca.gov/
- https://selfhelp.courts.ca.gov/probate
- https://www.courts.ca.gov/forms.htm?filter=DE