There are three ways to file probate in Marin County – hire an expensive attorney, hire a probate document assistant, or try to do it on your own. Many people are unaware they can file probate without an attorney. If you did not know this, you are not alone! Therefore, if you need to file probate in Marin County, consider contacting A People’s Choice for more information about how to file for probate without a lawyer. Moreover, our experienced staff can help you file and manage the entire probate case. Read on to learn more about the California probate process.
How to File Probate in Marin County
Estates valued for less than $100,000 may not need to go through the full probate process. In this regard, some estates may avoid probate altogether and be administered outside of the standard statutory requirements. To file probate in Marin County, the decedent must have considered Marin County their residence or owned property in Marin County.
Probate commences by the estate executor or close family member filing the will at court along with the petition. The court will appoint an executor or representative to carry out the many steps of the probate process. The representative is responsible to notify all interested parties (creditors and beneficiaries) about the probate. The representative is charged with performing an inventory and appraisal of all non-monetary estate assets. The probate referee will value all non-monetary assets. Assets may be liquidated to pay outstanding creditors. All remaining assets can then be distributed to beneficiaries and heirs as the will instructs or by California’s intestate succession laws.
Once the personal representative distributes all the decedent’s assets, the representative can petition to be relieved of their duties and formally close the probate. Contact A People’s Choice for more information about how to file probate in Marin County.
Where to File Probate in Marin County
The Marin County Probate Court oversees the division of property for a person who has passed away. The probate court has jurisdiction over the following types of legal matters:
- The decedent’s estate and trust
- Establishment of the fact of birth
In this regard, the court hears probate matters at the following place:
Marin County Superior Court
Civic Center, Hall of Justice, Room 113
3501 Civic Center Drive
San Rafael, CA 9493
You can contact the probate court by phone: (415) 444-7040 or email to firstname.lastname@example.org
Marin County Probate Rules
Chapter 5 of the Marin County Probate Rules provides rules and procedures for Marin County probate cases. The personal representative is responsible for understanding the rules and regulations required by the Marin County court. Moreover, if the personal representative fails to follow a rule or procedure, the probate case can be significantly delayed.
Adjudicated Newspapers for Marin County
Role of the Marin County Probate Examiner
The probate examiner will check the documents filed in the probate case and point out any deficiencies, contradictions or questions in their probate notes. Correspondingly, these probate examiner notes are posted along with the tentative rulings on the court’s website. Unfortunately, tentative probate rulings are typically not available until the day before the hearing. This posting delay makes it difficult to timely file a supplement to correct any deficiencies or provide the court with additional information before the hearing.
Marin County Probate Referee
There are now two probate referees that value Marin county estates. They are:
Andrew Rask, P.O. Box 1621, Novato, CA 94948; Phone: (415) 892-2988; FAX: (415) 892-7122; e-mail: email@example.com
Helen Young, P.O. Box 2063, Sausalito, CA 94966; Phone: (415) 331-6676; FAX: (415) 331-6676; e-mail: firstname.lastname@example.org
The probate referee’s job is to value all the non-cash assets in the estate. Be sure to use the local Order form so the court can appoint the probate referee.
Useful Tools to File Probate in Marin County
Marin County provides online access to a Register of Actions for probate cases. Additionally, access to the court calendar is available by case name. Lastly, tentative rulings in Probate cases are also posted on the court’s website and are available after 12:00 p.m. on the court day before the hearing date.
Contact A People’s Choice for more information on how to file probate in Marin County. Using our non-attorney probate services will undoubtedly save the estate thousands of dollars, putting more money into the pockets of the beneficiaries and heirs.
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Do You Need an Attorney to File Probate in Marin County?
Despite common misconceptions, you do not need to hire an attorney to file probate in Marin County. Attorneys receive statutory fees for probating estates. Specifically, the gross value of the estate determines the attorney’s fee. In other words, the attorney’s fee may be high despite performing limited work. For example, an attorney will earn a higher amount to probate an estate valued at $1 million in comparison to a $700,000 estate despite performing the same amount of work.
Hire an experienced legal document preparer as an alternative. A People’s Choice can help you draft and file a probate petition, appraise your loved one’s assets and debts, and finalize the probate for a fraction of the costs. We also provide our customers with case management related services. Call today at 800-747-2780.c