By Corcoran Smith Law Corp. · Published · Updated
Probate in Marin County, California
Probate for a Marin County resident is filed with the Superior Court of California, County of Marin, seated at San Rafael. Under Probate Code section 7051 the proper county is where the decedent was domiciled, regardless of where they actually died.
A resident’s estate normally belongs in the county of domicile under section 7051. For a person domiciled outside California, section 7052 supplies a different property-based rule. Check the nonresident process before filing. Appointment and issued letters are needed before acting as personal representative; see opening an estate.
Sources: Probate Code s.7051 - Proper county is the county of domicile · Probate Code s.7052 - Venue where the decedent was not domiciled in California · Probate Code s.8000 - Petition commencing administration · Probate Code s.8400 - No power to administer until letters issue · Verified 2026-08-20.
The court that will hear it
| Detail | For Marin County |
|---|---|
| Court | Superior Court of California, County of Marin |
| Where probate is heard | Marin County Superior Court, at the Civic Center |
| Address | 3501 Civic Center Drive, San Rafael, CA 94903 |
| Probate clerk | Hall of Justice, Room 113, (415) 444-7040. Phone 9:00 a.m. to noon and 1:00 to 2:00 p.m.; counter 8:00 a.m. to noon and 1:00 to 4:00 p.m. (court page, ) |
| Filing | Papers received after 3:30 p.m. keep that day’s filing date but are processed the next court day. (court page, ) |
| E-filing | Mandatory for attorney-represented parties since April 26, 2024. Each document that needs a file stamp is e-filed as its own PDF; a new case’s opening papers go as one bundle. (court page, ) |
| Tentative rulings | Issued on every calendared probate matter except ex parte, after 2:00 p.m. the court day before. To argue, tell the other parties and call (415) 444-7046, option 5, by 4:00 p.m. that day. (court page, ) |
| Self-help | The Legal Self Help Center (Hall of Justice, Room C-44, (415) 444-7130) helps people without a lawyer. Decedents’ estates are not among its listed primary areas. (court page, ) |
| County seat | San Rafael |
| Court website | Filing information and local rules |
| Venue rule | Domicile of the decedent — Prob. Code §7051 |
| Inventory deadline | Four months from letters — §8800 |
| Creditor window | Later of four months after first letters to a general personal representative or 60 days after notice is mailed or personally delivered — §9100 |
Probate for Marin County is heard at the Marin County Superior Court, at the Civic Center, 3501 Civic Center Drive, San Rafael, CA 94903. The probate division sits in the Hall of Justice, room 113. Read from thecourt’s own probate pages on 2026-08-31.
Details not verified here: Probate department. Check the official court website above; an omitted detail does not mean the service is unavailable.
Departments, filing windows and local forms are set by the court itself and change. Confirm current requirements on the court’s own site before filing.
Estate fees and filing costs
The ordinary compensation schedule is statewide. It applies separately to the representative and attorney, on gross probate value before mortgages. Court filing charges, extraordinary work and other expenses are additional; check the court’s current fee schedule for the actual petition. Compare city home-value examples or use the fee calculator for your own estimate.
What an estate here actually faces
The statute is statewide; the arithmetic is not. Sections 10800 and 10810 run on gross value, so what probate costs in Marin County is decided by what homes here are worth. In San Rafael, the one Marin County city this site covers, the median owner-occupied home is $1,355,600.
The second question is whether the estate can avoid full administration at all. Probate Code section 13151 caps the petition to determine succession to a primary residence at $750,000 for deaths on or after 1 April 2025. A typical home in San Rafael clears that ceiling, so full administration is the working assumption in this county.
| In Marin County | Median home | Statutory fees | §13151 residence petition |
|---|---|---|---|
| San Rafael | $1,355,600 | $53,112 | Over the limit |
Median owner-occupied home values are U.S. Census Bureau ACS 2024 5-year estimates. The fee column is the personal representative’s and the attorney’s statutory compensation combined, on gross value, before any mortgage is deducted. A specific estate is decided by its appraisal, not by a median.
Estate disputes and trust proceedings
Check the existing Marin County estate docket for a will contest or an objection to the representative’s account. A trust proceeding has separate venue rules under Probate Code section 17005; it does not automatically follow the estate’s court. Confirm the trust’s principal place of administration and the applicable venue rule with counsel.
Related: how probate disputes are litigated, what it takes to contest a will, the administration process end to end, opening the estate, how long it takes, and whether you can avoid probate altogether.
The Probate Code sections behind this page
Each section links to its official text at the California Legislature’s own site. The full index of sections covers the rest of the Code.
Also cited above, explained elsewhere on this site
- Probate Code section 7051
- Proper county is the county of domicile. Where section 7051 is explained
- Probate Code section 7052
- Venue where the decedent was not domiciled in California. Where section 7052 is explained
- Probate Code section 8800
- Inventory and appraisal, four-month deadline. Where section 8800 is explained
- Probate Code section 13151
- Petition to determine succession to a primary residence. Where section 13151 is explained
Before you call: What probate costs · How long it takes · Which court hears it