Marin County has some of the highest home values in California, and many residents have lived in Mill Valley, Tiburon, Ross, Novato, or San Rafael for decades. Many Marin families also plan with living trusts, which means many estates are administered by family trustees. When adult children live elsewhere and one sibling serves as trustee, questions about information, timing, and fairness come up quickly.
Lamash Legacy Law is based in Malibu. I represent executors, administrators, trustees, and beneficiaries in probate and trust matters before the Superior Court of California, County of Marin, appearing remotely where the court allows and in person when the matter requires it. I handle every case personally, in English.
The Marin County Probate Court
Marin County Superior Court sits in the Hall of Justice at the Marin County Civic Center in San Rafael, the building designed by Frank Lloyd Wright. The probate clerk’s office is in Room 113 of the Hall of Justice, and the court publishes a phone number and email address for probate questions on its website.
Tentative rulings that include probate notes
In Marin County, the probate court’s review is published as tentative rulings, which include the probate notes, posted after 2:00 p.m. on the court day before the hearing. A party who wants to argue against a tentative ruling must notify the other parties and the court by the deadline stated in the court’s rules, generally 4:00 p.m. the same day.
The timeline is short: the notes and the tentative ruling arrive together, the afternoon before the hearing. That leaves almost no time to fix a defect, so Marin petitions need to be complete when filed: proper notice to heirs and beneficiaries, correct proofs of service, bond information, and every required declaration.
Zoom appearances
The court’s tentative ruling postings note that appearances may be made in person or on Zoom, and the court lists Zoom information for the probate department on its Virtual Courtrooms page. I appear remotely whenever the court allows it.
Marin County Estate Issues
High-value estates and statutory fees
California’s statutory executor and attorney fees are calculated on the gross value of the probate estate, without deducting mortgages. On a $1,000,000 estate, statutory attorney fees are $23,000, and they rise with estate value. That is one reason assets held in a properly funded trust matter so much in Marin. If a home was left out of the trust, a petition to confirm it as a trust asset may avoid full probate.
Family trustees and beneficiaries
A trustee must notify beneficiaries and heirs within 60 days after a trust becomes irrevocable, keep beneficiaries reasonably informed, and provide accountings. A beneficiary who is not getting information can petition the court. Many disputes I see begin as communication problems, and they are often easier to resolve early. See Beneficiary Rights.
Adult children who live outside California can serve as trustee or executor. For a probate executor who lives out of state, the court may require a bond even when the will waives it.
Proposition 19
Marin’s long-held homes often carry very low assessed values. Under Proposition 19, a child keeps the parent’s property tax base only if the home becomes the child’s principal residence, and only up to an indexed cap. The portion of value above the cap is reassessed, which can be significant at Marin prices. Rental and vacation properties are reassessed.
How I Help
- Probate Administration: complete petitions prepared for Marin’s day-before tentative rulings.
- Trust Administration: trustee duties, accountings, distribution.
- Trust & Will Contests: challenging or defending documents.
- Conservatorships and Financial Elder Abuse.
I work with clients in San Rafael, Novato, Mill Valley, Sausalito, Tiburon, Belvedere, Corte Madera, Larkspur, Ross, Kentfield, Fairfax, and Point Reyes Station. Nearby: San Francisco and Sonoma County. Statewide: California Probate Attorney.
Marin County Probate FAQ
Where is the Marin County probate clerk? In Room 113 of the Hall of Justice at the Marin County Civic Center, San Rafael.
When are probate notes available? They are included in the tentative rulings posted after 2:00 p.m. on the court day before the hearing.
Can I appear by Zoom? Yes, where allowed. The court lists the probate department’s Zoom information on its Virtual Courtrooms page.
My sibling is the trustee and will not share information. What can I do? Beneficiaries are entitled to information and accountings and can petition the court. See How to Contest a Will or Trust in California
How long does probate take? Often 9 to 18 months for a straightforward estate. See How Long Does Probate Take in California?
Talk With a Probate Attorney About Your Marin County Matter
Call me at (424) 355-5565 or send a message. I will review your situation personally and explain your options.
Lamash Legacy Law’s office is located at 23465 Civic Center Way, #116, Malibu, CA 90265. This page provides general information, not legal advice. Contacting Lamash Legacy Law does not create an attorney-client relationship.