Alameda County Probate & Trust Attorney

Oakland, Berkeley, Fremont, and the rest of Alameda County have some of the most valuable long-held homes in California. Many were bought decades ago, are titled in a parent’s name, and now sit at the center of an estate. Add a duplex or small apartment building, a trust that was never updated, and heirs spread across the Bay Area, and the estate needs careful handling.

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 Alameda, appearing remotely where the court allows and in person when the matter requires it. I handle every case personally, in English.

The Alameda County Probate Court

Alameda County probate is centered in Berkeley. Probate documents may be filed only in the Clerk’s Office at the Berkeley Courthouse, 2120 Martin Luther King, Jr. Way, Berkeley, CA 94704, and probate hearings are held in Departments 201 and 202 at that courthouse. Under the court’s filing rule, documents must be filed no later than two court days before the hearing to be considered.

Examiner Notes, and a strict clearing deadline

Alameda’s probate examiners review each petition and post Examiner Notes in the Register of Actions on the court’s eCourt Public Portal, approximately three weeks before the hearing, sometimes earlier.

What sets Alameda apart is how the court treats uncleared notes. Under the court’s published instructions, all procedural issues must be cleared by 12:00 p.m. two court days before the hearing, or the hearing may be dropped at the court’s discretion. The court does not automatically continue matters because of uncleared procedural issues. A dropped hearing means re-setting the matter and, often, re-noticing it.

The court also gives a practical instruction: procedural issues can usually be addressed with a verified declaration rather than an amended petition. Filing an amended petition requires re-noticing and re-publishing it, which can add weeks. Knowing which tool to use is part of keeping an Alameda probate on schedule.

Remote appearances

The Probate Division allows in-person or remote appearances depending on case type, under the court’s local rule on remote appearances, and it publishes Zoom information for its probate departments. Requirements differ by hearing type, so I confirm them before each hearing.

Alameda County Estate Issues

Long-held homes and Proposition 19

Many Alameda County homes have very low assessed values because they were bought long ago. Under Proposition 19, a child keeps the parent’s tax base only if they make the home their principal residence, and only up to a cap. Rental and investment properties no longer qualify. For a family deciding whether one sibling should move into the house, buy out the others, or sell, this calculation comes first.

Rental property and tenants

Duplexes and small buildings are common in Oakland and Berkeley, and both cities have local rental ordinances. An executor or trustee managing occupied rental property has to comply with those rules while collecting rent, handling repairs, and preparing for sale or distribution. Selling occupied property in probate also requires the right notices or court approval.

Trusts that were never funded

A house left out of a living trust can sometimes be confirmed as a trust asset by petition rather than full probate. Part of my trust administration work is spotting these gaps early.

How I Help

• Probate Administration: from the first petition through Examiner Notes, letters, sales, and final distribution.
• Trust Administration and Beneficiary Rights.
• Trust & Will Contests: challenging or defending documents.
• Conservatorships and Financial Elder Abuse.

I work with clients in Oakland, Berkeley, Fremont, Hayward, Alameda, San Leandro, Pleasanton, Livermore, Dublin, and Piedmont. Nearby: Contra Costa County, San Francisco, and Santa Clara County. Statewide overview: California Probate Attorney.

Alameda County Probate FAQ

Where is probate filed in Alameda County? Only at the Clerk’s Office of the Berkeley Courthouse, 2120 Martin Luther King, Jr. Way. Hearings are in Departments 201 and 202.

When are Examiner Notes available? About three weeks before the hearing, in the Register of Actions on the eCourt Public Portal.

What happens if notes are not cleared? Procedural issues must be cleared by noon two court days before the hearing. Otherwise the hearing may be dropped; the court does not automatically continue it.

Do I need to file an amended petition to fix a note? Usually not. The court allows a verified declaration for procedural issues; an amended petition must be re-noticed and re-published.

How long will probate take? A straightforward California probate commonly takes 9 to 18 months. See How Long Does Probate Take in California?

Talk With a Probate Attorney About Your Alameda County Matter

Call me at (424) 355-5565 or send a message. I will review the details 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.