ProbateUS
Probate Court

Alameda County

California

510-647-4439

Court Location & Contact

Address

2120 Martin Luther King, Jr. Way, Berkeley, CA 94704

Visit Official Court Website

Filing Fees

Alameda County, California

Fee TypeAmount
Petition for Probate$435

Judges & Officers

SK
Sandra K. Bean
MB
Michael Bishay
CT
Clifford T. Blakely
PE
Peter E. Borkon
CT
Colin T. Bowen
RB
Rhonda Burgess
BC
Brian Caruth
AC
Arturo Castro
SR
Somnath Raj Chatterjee
JB
Jason B. Chin
JA
Jason Anthony Clay
KE
Kimberly E. Colwell
TS
Thomas S. Donohue
LK
Lorraine K. Dunn
RE
Rebekah Evenson
SJ
Scott Jackson
JY
Jeffrey Y. Hamilton, Jr.
PL
Pelayo Llamas, Jr.
MM
Michael Markman
TN
Thomas Nixon
RM
Robert M Whalen, Jr.

Probate Guide

Probate in Alameda County, California

The Alameda County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Alameda County, CA, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In California, the probate court in each county oversees this process.

When Is Probate Required in California?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above California's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Alameda County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Alameda County Probate Court to open probate

  3. Notify heirs and creditors as required by California law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In California, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While California does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Alameda County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Alameda County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Probate Division of the Alameda County Superior Court is located at the Berkeley Courthouse. Probate documents shall only be filed in the Clerk's Office at the Berkeley Courthouse. The eCourt Public Portal provides online access to Probate case records.

Office Hours

Monday-Friday8:00 AM - 4:30 PM

FAQ

Where do I file for probate in Alameda County, CA?

Probate petitions for estates in Alameda County are filed at the Alameda County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Alameda County?

Probate filing fees in Alameda County, California vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in California?

Probate in California typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Alameda County?

While not always legally required in California, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in California, their assets are distributed according to state intestacy laws. The Alameda County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in California

A. Jane Fulton

Seasidelegalservices.org

Laguna Beach

Estate PlanningTrust & Probate Law

Aaron Ryan Van Tassel

Wood Smith Henning & Berman LLP, 6A Liberty

Aliso Viejo

Estate PlanningTrust & Probate Law

Abbi Novotny

Law Office of Abbi Novotny, 2108 N St

Sacramento

Estate PlanningTrust & Probate Law

Abel Mouton

Legal Assistance to the Elderly

San Francisco

Estate PlanningTrust & Probate Law

Adam Pines

Glaser Weil Fink Howard Jordan & Shapiro

Los Angeles

Estate PlanningTrust & Probate Law
View all California attorneys →