Probate in Marin County is handled by the Marin County Superior Court at the Hall of Justice, 3501 Civic Center Drive in San Rafael. A formal probate is needed when someone dies owning property in their own name, outside a trust, worth more than California's small estate limits. For deaths on or after April 1, 2025, the general limit is $208,850, and a primary residence worth up to $750,000 can go through a simpler court petition.
Do you need probate in Marin County?
Many Marin homes are held in a living trust, and a trust skips probate entirely. Property held in joint tenancy or passing to a surviving spouse often skips full probate too. If none of those apply, the size of the estate decides the path.
These limits apply to deaths on or after April 1, 2025, per the Judicial Council's adjusted amounts:
| Procedure | Limit | Court involved? |
|---|---|---|
| Small estate affidavit (personal property) | $208,850 | No |
| Affidavit for real property of small value | $69,625 | Filed with the court, no hearing |
| Petition to determine succession to a primary residence | $750,000 | Yes, a short court petition |
| Formal probate | Above these limits | Yes |
Marin home values put most houses above the small estate limits, so a Marin house outside a trust usually goes through either the primary residence petition or a formal probate. The California courts' self-help page explains each option.
How formal probate works in Marin
- The executor, or an heir if there is no will, files a petition with the Marin County Superior Court, and the court sets a hearing.
- At the hearing, the court appoints the personal representative and issues letters.
- The court designates a probate referee, who values the house and other non-cash assets for the Inventory and Appraisal.
- The inventory is filed within four months of letters. Creditors generally have four months from letters, or 60 days after notice is mailed to them if that is later, to file claims.
- The personal representative pays debts, sells property if needed, and petitions for final distribution.
Because the creditor period alone runs four months, even a simple Marin probate takes months, and a contested one takes much longer.
Marin probate court contacts
The probate clerk's office is in Room 113 of the Hall of Justice at the Marin County Civic Center. Phone (415) 444-7040, or email [email protected]. Hours, judicial assignments and local probate rules are on the Marin court's probate page.
Where an independent appraisal fits
In a formal probate, the referee's value goes on the court inventory, and a private appraiser can't replace it. Executors and attorneys still order an independent appraisal for the estate tax return, the heirs' basis, a second opinion on the referee's value, or a sibling buyout.
If the house is in a trust instead, the successor trustee orders the date of death appraisal directly. For every step after a death, see inheriting a house in Marin County. RealVals appraises homes throughout Marin County, and estate attorneys can order for a client.