Marin County Probate — What Heirs Need to Know

Probate in Marin County, California

Marin County, just north of San Francisco across the Golden Gate Bridge, is one of California's most affluent communities, with approximately 259,000 residents and among the highest per-capita income levels in the nation. The county's cities and towns — San Rafael, Mill Valley, Tiburon, Sausalito, Corte Madera, Larkspur, San Anselmo, Fairfax, Novato, and others — are known for their exceptional real estate, natural beauty, and proximity to San Francisco.

Median home values in Marin County routinely exceed $1.5 million, with many properties in Mill Valley, Tiburon, Belvedere, Ross, and Sausalito valued well above $2 million. These elevated property values mean that nearly all Marin County estates with real property require formal probate, and statutory attorney and executor fees can be substantial. At a $2 million gross estate value, combined statutory fees total approximately $66,000 — making estate planning and efficient probate administration particularly important.

Consult with a Marin County probate attorney for guidance specific to your estate.

Marin County court information

Marin County local rules and procedures

Probate Research Attorney pre-screens every filing. Under Local Rule 6.2(A)(2), Marin County employs a Probate Research Attorney who reviews all filed documents to ensure they are properly ready for court consideration under the Probate Code, California Rules of Court, and local rules. The Research Attorney will not review unfiled documents and will not provide legal advice or advisory opinions — but their thorough pre-screening means deficiencies are identified before the hearing rather than at it. This extra layer of review is uncommon among California courts and helps explain why Marin County's probate calendar runs relatively efficiently despite handling high-value, complex estates.

Tentative rulings with strict oral argument deadlines. Under Local Rule 6.2(D), tentative rulings are available online at the court's website or by calling (415) 444-7260 between 2:00 and 4:00 p.m. on the court day before the hearing. Confidential cases (such as Special Immigrant Juvenile Status applications) are not posted online but can be obtained by phone. If a party wants to present oral argument, they must contact both the court at (415) 444-7046 and all parties entitled to notice of the underlying petition by 4:00 p.m. the court day before the hearing. Notice may be by telephone or in person — direct conversation with counsel is not required. If no one requests argument, the tentative ruling becomes the court's order automatically. Non-evidentiary hearings are capped at 20 minutes under Rule 6.2(E)(4).

Contested matters require meet-and-confer and statement of issues. Under Local Rule 6.2(E)(2), before the court will set a contested evidentiary hearing, the parties or their attorneys must make a reasonable, good faith attempt to informally resolve the dispute — preferably face-to-face, otherwise by telephone. If resolution fails, each party must file a Statement of Issues at least five court days before the hearing, confirming the meet-and-confer occurred, identifying the substantive issues with supporting evidence and legal authority, stating barriers to settlement, and estimating the time required for the hearing. The court may impose sanctions of $99 per day for late-filed settlement conference statements under Rule 6.5.

Ex parte applications: specific timing and documentation requirements. Under Local Rule 6.3, ex parte applications must be filed no later than 10:00 a.m. two court days before the hearing, and any written opposition must be filed by 3:30 p.m. one court day before. Applications must be verified with sufficient evidentiary facts — conclusions or statements of ultimate facts are not sufficient. Each application must include a declaration regarding notice (identifying persons entitled to notice and explaining what notice was given or why it should be dispensed with), a declaration regarding emergency, and a proposed order complete in itself.

Opposition and supplemental filings due five court days before hearing. Under Local Rule 6.2(B)(3), all opposition papers and supplemental documents must be filed at least five court days before the hearing. Untimely filings may result in the court refusing to consider the documents, a continuance, or sanctions — three possible consequences that the court selects at its discretion.

Publication in Marin County-adjudicated newspapers only. Local Rule 6.11(C) specifies that Notice of Petition to Administer Estate must be published in one of the newspapers adjudicated for publication in Marin County, including the Marin Independent Journal, Pacific Sun, Point Reyes Light, and several Marinscope publications (Mill Valley Herald, Novato Advance, Ross Valley Reporter, San Rafael News Pointer, Sausalito Marin Scope, Twin Cities Times, Marin County Post). The attorney — not the clerk — is responsible for arranging publication, and any will or codicil not mentioned in the original petition requires a new amended petition and fresh publication.

Bond required for special administrators even when waived by will and beneficiaries. Under Local Rule 6.19, the court will usually require a bond for ex parte appointments of special administrators even if the will waives bond and all beneficiaries waive bond — a stricter standard than most California counties apply and an important cost to anticipate at the outset of administration.

Real property sales: broker commissions on a sliding scale. Under Local Rule 6.30, the court ordinarily allows broker commissions not to exceed 6% of the first $100,000 and 5% of any excess over $100,000 for improved property. For unimproved property, the scale is 10% of the first $20,000, 8% of the next $30,000, and 5% of the balance. Brokers bidding for their own account receive no commission. In overbid situations, commission allocation follows detailed rules under Rule 6.30(E), with the overbidder's broker receiving a full commission on the confirmed price reduced by half the commission on the original bid. The confirmation order must show total commissions and any broker allocation.

Bond modification is the fiduciary's duty. Under Local Rule 6.18(A), it is the affirmative duty of the fiduciary or their attorney to apply immediately for an order increasing bond upon becoming aware that the bond is insufficient — for example, when filing an inventory or submitting an accounting. The court favors filing an additional bond rather than a substitute bond for increases, and an order reducing liability on the existing bond rather than a substitute for decreases. This self-policing requirement means heirs should not assume the court will catch an inadequate bond on its own.

Detailed final distribution: reserve capped at 10%. Local Rule 6.37 requires that petitions for final distribution list all assets on hand and describe property to be distributed — either in the body of the petition or an incorporated schedule. Description by reference to the inventory alone is insufficient. The decree must include legal descriptions and parcel numbers for real property. Under Rule 6.38(G), any reserve retained in the estate generally may not exceed 10 percent of assets on hand, and the petition for final discharge must account for the disposition of all reserved amounts.

Marin County probate timeline

The following reflects a typical estate in Marin County. High-value estates with complex assets, trust disputes, or multiple properties take considerably longer.

High property values and statutory fees in Marin County

Marin County's exceptional real estate values create a distinctive probate landscape. California's statutory fee structure, set by Probate Code Section 10810, calculates attorney and executor compensation as a percentage of the gross estate value — without deducting mortgages or liens. For a $2 million estate (a modest home by Marin standards), combined statutory fees for attorney and executor total approximately $66,000. For a $3 million estate, they reach approximately $86,000.

These fee levels make trust-based estate planning especially common in Marin County, as properly funded revocable living trusts avoid probate entirely. However, when probate is necessary — due to unfunded trusts, outdated plans, or assets held solely in the decedent's name — the financial stakes for heirs are significant. Heirs should understand that statutory fees are calculated on gross value, meaning a home worth $2.5 million with a $500,000 mortgage still generates fees based on the full $2.5 million.

For heirs facing these realities, an inheritance advance can provide immediate financial relief while the estate navigates Marin County's thorough probate process and accumulates the necessary fees and administrative costs.

Inheritance advance for Marin County heirs

Probate in Marin County can stretch on for months. If you are named as a beneficiary and need funds now, First Heritage Funding offers an inheritance advance that puts cash in your hands within 48 hours. The probate case keeps moving on its own schedule — your advance does not slow it down or affect other heirs.

Unlike a loan, an inheritance advance requires no credit check and carries no monthly payments. We charge a single flat fee, and repayment comes only from your eventual share of the estate. If the estate distributes less than anticipated, you are not personally responsible for the difference. Learn more about how an advance differs from a loan.

We serve heirs throughout Marin County — including San Rafael, Mill Valley, Tiburon, Sausalito, Novato, Corte Madera, Larkspur, San Anselmo, Fairfax, Belvedere, and all surrounding communities.

Request your free quote online or call (800) 617-7260 to talk through your Marin County estate.

See also: California Inheritance Advance · California Probate by County · CA Probate Local Rules · San Francisco County Probate · Sonoma County Probate