Marin County Probate Guide
Superior Court of California, County of Marin · 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. Check Marin fee schedule for any local variations.
Document Fees
Fees set by California Uniform Civil Fee Schedule. Check Marin fee schedule for any local variations.
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. Cannot be filed electronically.
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
- 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
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
Related Proceedings
Property Recording
Source ↗Recording Fees
- First Page
- $25.00
- Additional Pages
- $3.00
Guardianship
Guardianship is a court process in which someone other than a parent is given custody of a child or when a parent or other person is given authority over a child's property. The child must be under 18.
Filing Fees
- Person Only
- $435
- Property/Estate
- $435
guardianship of person
Guardian gets custody of child
guardianship of estate
Guardian manages child's property. Often filed when a minor is to receive a large monetary gift or inheritance.
temporary guardianship
May be appropriate if there is an emergency that requires an immediate appointment, prior to the guardianship hearing date.
Sources (15)
- https://www.marin.courts.ca.gov/divisions/probate
- https://www.marin.courts.ca.gov/divisions/probate/decedents-estates-and-trusts
- https://www.marin.courts.ca.gov/divisions/probate/conservatorships
- https://www.marin.courts.ca.gov/divisions/probate/guardianships
- https://www.marin.courts.ca.gov/divisions/civil
- https://www.marin.courts.ca.gov/online-services/efiling
- https://www.marin.courts.ca.gov/online-services/tentative-rulings
- https://www.marin.courts.ca.gov/self-help/legal-self-help-center
- https://www.marin.courts.ca.gov/forms-filing/filing-fees
- https://www.marin.courts.ca.gov/forms-filing/local-forms
- https://www.marin.courts.ca.gov/general-information/local-rules
- https://www.marin.courts.ca.gov/locations
- https://www.marin.courts.ca.gov/divisions/care-court
- https://selfhelp.courts.ca.gov/probate
- https://www.courts.ca.gov/forms.htm?filter=DE