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Alameda County, CA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Superior Court of California, County of Alameda — Probate Division |
| Probate courthouse | Berkeley Courthouse, 2120 Martin Luther King, Jr. Way, Berkeley, CA 94704 (probate documents are filed only at this clerk's office) |
| Probate departments | 201 and 202, Berkeley Courthouse; probate trials are held in Department 103, Wiley W. Manuel Courthouse, 661 Washington Street, Oakland |
| Probate clerk phone | (510) 647-4439; Dept. 201 (510) 647-4470 ([email protected]); Dept. 202 (510) 647-4471 ([email protected]) |
| Probate examiners | (510) 647-4403, Monday–Friday 9:00–10:00 AM only |
| Clerk window hours | Mon–Thu 8:30 AM – 3:00 PM, Fri 8:30 AM – 2:00 PM; after the window closes, a drop box accepts filings until 4:00 PM |
| Filing fee (petition for probate) | $435 — statewide fee, no Alameda County surcharge (Cal. Gov. Code § 70650(a); Statewide Civil Fee Schedule effective January 1, 2026) |
| Local probate forms | None mandatory for decedents' estates — statewide Judicial Council DE-series; local confidential questionnaires exist only for guardianships and conservatorships |
| E-filing | Mandatory for attorneys and represented parties since October 23, 2023 (Local Rule 7.2) via an eFileCA service provider; optional for self-represented filers; no fax filing since August 31, 2023 |
| Probate examiner notes | Published in the case's Register of Actions on the eCourt Public Portal (eportal.alameda.courts.ca.gov) about 3 weeks before the hearing; clear deficiencies by 12:00 PM two court days before the hearing |
| Pre-grant system | Complete petitions with all supporting documents and a proposed order in at least two days before the hearing may be tentatively granted with no appearance required (Local Rule 7.10) |
| Online case search | eCourt Public Portal — eportal.alameda.courts.ca.gov (calendars, Register of Actions, examiner notes) |
| Remote appearance | ZoomGov video at the department's discretion; telephone-only appearances generally not allowed; contact the department for the link |
| Website | https://www.alameda.courts.ca.gov/divisions/probate |
Before you begin — know the assets and liabilities
Alameda County's examiner system rewards complete petitions and punishes incomplete ones. A petition the examiner passes can be designated a pre-grant — tentatively granted, no court appearance needed. A petition with uncleared deficiencies at noon two court days before the hearing may simply be dropped from the calendar; the court does not automatically continue matters. Knowing exactly what is in the estate before you file is what separates the two outcomes.
Identify every bank account, brokerage, retirement plan, life insurance policy, business interest, and parcel of real property, and every debt, before choosing the path — small-estate affidavit, Petition to Determine Succession to Real Property, Spousal Property Petition, or full probate. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Probate Division of the Alameda County Superior Court serves the entire county — Oakland, Fremont, Hayward, Berkeley, San Leandro, Alameda, Union City, Pleasanton, Livermore, Dublin, Newark, and the unincorporated communities — from the Berkeley Courthouse. The court's own instruction is unambiguous: probate documents shall only be filed in the Clerk's Office at the Berkeley Courthouse, 2120 Martin Luther King, Jr. Way. Decedents' estates, spousal property petitions, succession petitions, trusts, conservatorships, and guardianships are heard in departments 201 and 202 there; probate trials are held in Department 103 at the Wiley W. Manuel Courthouse in Oakland.
Probate is filed in Alameda County when the decedent was domiciled here at death (Cal. Prob. Code § 7051), or owned Alameda County real property as a non-resident (ancillary administration).
The jurisdiction process
- Prepare the statewide Judicial Council DE-series forms for your path. Attach a copy of each will and codicil to the Petition for Probate, plus a typewritten copy of any holographic (handwritten) will (Local Rule 7.150). Alameda County requires no local cover sheet.
- File the petition. Attorneys and represented parties must e-file through an eFileCA service provider (mandatory since October 23, 2023, Local Rule 7.2). Self-represented filers may e-file or file on paper at the Berkeley Courthouse clerk's window (Mon–Thu 8:30 AM – 3:00 PM, Fri 8:30 AM – 2:00 PM), in the drop box (until 4:00 PM), or by mail to 2120 Martin Luther King, Jr. Way, Berkeley, CA 94704.
- Deliver paper-only originals conventionally — they cannot be e-filed: original wills and codicils, surety bonds, the DE-305 small-estate real property affidavit, and Probate Code § 13101 affidavits (Local Rule 7.2(e)).
- Pay the $435 filing fee (statewide fee; no Alameda County surcharge). Fee waivers are available on Judicial Council forms FW-001/FW-003 and can be e-filed with the petition.
- Complete notice: publish in a newspaper of general circulation and mail DE-121 notice to heirs and beneficiaries at least 15 days before the hearing.
- Check the probate examiner notes in your case's Register of Actions on the eCourt Public Portal (eportal.alameda.courts.ca.gov) — they post about three weeks before the hearing. Clear any procedural deficiency, usually with a verified declaration (MC-030) rather than an amended petition, by 12:00 PM two court days before the hearing; otherwise the hearing may be dropped at the court's discretion.
- Aim for a pre-grant: if all supporting documents and a proposed order are submitted at least two days before the hearing and the examiner finds no problems, the petition may be tentatively granted under Local Rule 7.10 and no one needs to appear.
- If the matter is not pre-granted, attend the hearing in department 201 or 202 at the Berkeley Courthouse — in person, or by ZoomGov video at the department's discretion (contact the department for the link; telephone-only appearances are generally not allowed). The judge admits the will, appoints the personal representative, and issues Letters (DE-150).
- Administer and close the estate under the statewide process: creditor notice, the 4-month claim period, Inventory and Appraisal (DE-160), and the petition for final distribution.
Executor duties
The statewide personal-representative duties (creditor notice, the 4-month Inventory and Appraisal, DHCS notice, Notice of Proposed Action under IAEA) apply in Alameda County exactly as described on the California page. Alameda adds these local obligations:
| Alameda-specific duty | Rule / timing |
|---|---|
| Attach a copy of each will and codicil to the petition, plus a typewritten copy of any holographic document | Local Rule 7.150, with every petition for probate |
| E-file all documents if represented by counsel; deliver exempt originals (wills, codicils, bonds) on paper | Local Rule 7.2, mandatory since October 23, 2023 |
| Deliver paper courtesy copies of proposed orders, motions, and trial documents to the assigned department | Same day as e-filing, or the next court day if the hearing is two or more court days out (Local Rule 7.2(g)) |
| Monitor probate examiner notes in the Register of Actions on the eCourt Public Portal | Notes post about 3 weeks before each hearing; e-filed documents can take 3 or more days to appear |
| Clear examiner-note deficiencies, usually by verified declaration (MC-030) | By 12:00 PM two court days before the hearing, or the hearing may be dropped |
| Post a minimum $20,000 bond if the personal representative lives outside California | Local Rule 7.175, with the petition and proposed order |
| Obtain a reappraisal for sale before a court confirmation hearing held more than one year after the date of death | Local Rule 7.300, court-confirmed real property sales |
Forms and documents
Probate forms in Alameda County
Alameda County has no mandatory local forms for decedents' estates. Every filing uses the statewide Judicial Council DE-series (DE-111 Petition for Probate, DE-121 Notice, DE-140 Order, DE-147 Duties and Liabilities, DE-150 Letters, DE-160 Inventory and Appraisal, and the rest). The county's local probate forms are confidential questionnaires used only in guardianship and conservatorship cases; none applies to a decedent's estate.
The court packages the Judicial Council forms into free downloadable packets on its Probate Rules & Forms page, including a Probate Packet — Decedent's Estate and a Probate Small Estate Affidavit Packet. Two procedural forms worth knowing: MC-030 (Declaration), the usual vehicle for clearing examiner notes, and EFS-007, the request for exemption from mandatory e-filing.
Local nuance
Alameda County-specific considerations
Berkeley only. Probate documents shall only be filed in the Clerk's Office at the Berkeley Courthouse — not in Oakland, Hayward, Fremont, or Dublin. The clerk's window closes early (3:00 PM Mon–Thu, 2:00 PM Fri), but a drop box accepts filings until 4:00 PM.
Examiner notes with a hard deadline. Probate examiner notes post to the case's Register of Actions on the eCourt Public Portal about three weeks before the hearing. All procedural issues must be cleared by 12:00 PM two court days before the hearing — usually with a verified declaration (MC-030) rather than an amended petition, which would require republication. The court does not automatically continue matters; hearings with uncleared issues may be dropped.
The pre-grant system. Under Local Rule 7.10, matters on the probate calendar are reviewed before the hearing and may be designated a pre-grant — a tentative grant of the petition. To qualify, all supporting documents and a proposed order must be in at least two days before the hearing. If pre-granted, no appearance is required.
One-hour examiner phone window. Probate examiners take calls at (510) 647-4403 only from 9:00 to 10:00 AM, Monday through Friday. Continuance requests go to the department: Dept. 201 (510) 647-4470, Dept. 202 (510) 647-4471.
Everything files two court days out. All documents must be filed no later than two court days before the hearing date — and e-filed documents can take three or more days to appear on the Register of Actions, so file well ahead of the examiner deadline.
Trials leave Berkeley. Probate trials are heard in person in Department 103 at the Wiley W. Manuel Courthouse, 661 Washington Street, Oakland. Calendar matters there may be heard remotely, but a written request to appear remotely at a trial or evidentiary hearing must be filed at least five court days before it begins.
Small-estate Alternatives
The statewide small-estate paths apply in Alameda County with no local dollar changes, and the court publishes its own downloadable Probate Small Estate Affidavit Packet of the Judicial Council forms. One local quirk: the DE-305 Affidavit re Real Property of Small Value and Probate Code § 13101 affidavits may not be e-filed (Local Rule 7.2(e)) — file the originals in person, by drop box, or by mail at the Berkeley Courthouse. The standard § 13100 affidavit presented directly to a bank or transfer agent never touches the court.
Recent updates
| Date | Change | Source |
|---|---|---|
| July 1, 2026 | Alameda's county-specific civil fee schedule reissued; it adds no probate surcharge — the probate first-paper fee remains the statewide $435 | Alameda County Specific Fee Schedule (eff. 7/1/2026); Statewide Civil Fee Schedule (eff. 1/1/2026) |
| October 23, 2023 | E-filing became mandatory for attorneys and represented parties in probate cases (voluntary e-filing opened September 5, 2023) | alameda.courts.ca.gov probate e-filing page; Local Rule 7.2 |
| August 31, 2023 | Fax filing ended for probate and all other civil case types (final acceptance at noon) | Alameda Superior Court e-filing FAQs |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Alameda County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Spousal/Domestic Partner Property Petition in department 201 or 202. Alameda's local rules add real requirements: the petition must identify current title and attach the vesting deed (Local Rule 7.155), and unless it rests on an attached will or community-property agreement it must plead the marriage date, the decedent's net worth at marriage, and tracing facts (Local Rule 7.160). A complete petition can be pre-granted with no appearance. The court signs DE-226; record it with the Alameda County Clerk-Recorder to complete the title transfer. | Asset discovery to confirm community vs. separate property. Packet generation for DE-221, DE-226, MC-025 with the local title and tracing allegations covered. Title-transfer guidance. |
| Out-of-state adult child, small estate | Small Estate Affidavit under Cal. Prob. Code § 13100 (personal property up to $208,850 for deaths on or after April 1, 2025) goes directly to the banks — no Alameda filing. Real property up to $69,625 uses the DE-305 affidavit, filed as an original paper document at the Berkeley Courthouse (it cannot be e-filed); a primary residence up to $750,000 uses the §§ 13150–13157 succession petition, which a complete filing can turn into a pre-grant requiring no appearance. | Asset discovery to confirm the estate fits the caps. Packet generation. Online notarization so nobody has to fly to Berkeley. |
| Parent settling a predeceased child's estate, home must be sold | Full IAEA probate in department 201 or 202 with DE-111 requesting full authority. Watch the examiner notes on the eCourt Public Portal and clear them by noon two court days before the hearing. A parent living outside California must post a minimum $20,000 bond (Local Rule 7.175). The personal representative sells the home under IAEA with a Notice of Proposed Action (DE-165); a court-confirmed sale more than a year after death requires a reappraisal first (Local Rule 7.300). | Asset discovery for the child's assets. Packet generation for DE-111 with IAEA full authority requested. Help responding to probate examiner notes. |
Self-help resources
| Resource | What it offers |
|---|---|
| Alameda Superior Court Self-Help Center — (510) 272-1393, phone Mon–Thu 2:00–4:00 PM, live chat Mon–Thu 9:00 AM–12:00 PM | The court's self-help service; for probate matters it offers workshops on guardianship of a minor and limited conservatorship, but no decedent's-estate clinic |
| Court probate packets (alameda.courts.ca.gov Probate Rules & Forms page) | Free downloadable packets of the Judicial Council forms, including the Probate Packet — Decedent's Estate and the Probate Small Estate Affidavit Packet |
| Alameda County Law Library (lawlibrary.alamedacountyca.gov) — open Mon–Fri 9:00 AM–4:00 PM | Probate quick resource guide, practice guides such as How to Probate an Estate in California, form packets, and Ask-a-Librarian reference help |
| California Courts Self-Help Guide — Probate (selfhelp.courts.ca.gov/probate) | The Judicial Council's official plain-language guide to every California probate path |
| LawHelpCA (lawhelpca.org) | Directory of free and low-cost legal aid programs serving Alameda County |
When to hire an attorney
An Alameda County attorney is advisable when the estate exceeds $1 million, when a will contest or heir dispute is likely, when the estate holds business interests or out-of-state property, when ancillary administration is needed for a non-resident decedent, or when examiner notes recur and the family cannot clear them before the noon deadline — in Alameda an uncleared note can mean a dropped hearing, not just a continuance. The court has no decedent's-estate self-help clinic, so self-represented families lean on the court's forms packets and the county law library. Sunset can connect families to a vetted Alameda County probate attorney when the situation requires counsel.
How Sunset helps
Find the accounts and assets. For estate settlement, Sunset searches more than 2,300 financial institutions and Alameda County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, real estate (with community-property characterization), business interests, and unclaimed property.
Generate the probate packet. Sunset assembles the Judicial Council DE-series forms for your path, the only forms Alameda County requires, complete with the will copies and local-rule allegations that keep a petition off the examiner's deficiency list and eligible for a pre-grant.
Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted Alameda County probate attorney.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file a probate case in Alameda County?
Only at the Berkeley Courthouse: 2120 Martin Luther King, Jr. Way, Berkeley, CA 94704. The court accepts probate filings at no other Alameda County courthouse. File at the clerk's window (Mon–Thu 8:30 AM – 3:00 PM, Fri 8:30 AM – 2:00 PM), in the drop box until 4:00 PM, by mail, or electronically through eFileCA.
Do I have to e-file probate documents in Alameda County?
Attorneys and represented parties must e-file (mandatory since October 23, 2023, under Local Rule 7.2) through an approved eFileCA service provider. Self-represented filers may e-file or file on paper. Original wills, codicils, surety bonds, the DE-305 affidavit, and § 13101 affidavits can never be e-filed — deliver those in person, by drop box, or by mail. Fax filing ended August 31, 2023.
How do I check probate examiner notes in Alameda County?
Open your case's Register of Actions on the eCourt Public Portal at eportal.alameda.courts.ca.gov. Examiner notes post approximately three weeks before the hearing. Probate examiners take calls at (510) 647-4403, Monday–Friday 9:00–10:00 AM only.
What happens if I do not clear the examiner notes before my Alameda County hearing?
All procedural issues must be cleared by 12:00 PM two court days before the hearing, usually with a verified declaration (MC-030). The court does not automatically continue matters — a hearing with uncleared issues may be dropped at the court's discretion, and you would need to get the matter back on calendar.
What is a pre-grant in Alameda County probate?
A tentative grant of a petition before the scheduled hearing (Local Rule 7.10). If all supporting documents and a proposed order are submitted at least two days before the hearing and the examiner finds no deficiencies, the matter may be designated a pre-grant and no appearance is required. If someone objects, the court may continue the matter for written objections.
Can I appear at an Alameda County probate hearing by Zoom?
Often, at the department's discretion. Remote appearances in departments 201 and 202 are by ZoomGov video only — telephone-only appearances are generally not allowed, and you must be visible on camera. Links are not published; contact the department (Dept. 201 (510) 647-4470, Dept. 202 (510) 647-4471). Petitions to appoint a guardian of the person require personal appearance, and probate trials are heard in person in Department 103 in Oakland.
Can I check my Alameda County probate case status online?
Yes. The eCourt Public Portal at eportal.alameda.courts.ca.gov carries probate calendars, the Register of Actions, filed documents, and examiner notes. E-filed documents can take three or more days to appear.
Does Alameda County have local probate forms?
None that a decedent's estate must file — everything uses the statewide Judicial Council DE-series. Alameda's local probate forms are confidential questionnaires for guardianship and conservatorship cases only. Local Rule 7.150 does require attaching a copy of each will and codicil to the petition, plus a typewritten copy of any handwritten will.
How much does it cost to file for probate in Alameda County?
$435 for the first petition (Cal. Gov. Code § 70650(a); Statewide Civil Fee Schedule effective January 1, 2026). Alameda's county-specific fee schedule adds no probate surcharge. Fee waivers are available on Judicial Council forms FW-001/FW-003.
Do I have to travel to Berkeley to settle an estate in Alameda County?
Usually not. Petitions can be e-filed or mailed, a complete petition can be pre-granted with no appearance at all, remote ZoomGov appearances are available at the department's discretion, and the small-estate affidavit under Cal. Prob. Code § 13100 never touches the court — it goes directly to banks and asset holders. Only original documents (like the will) and paper-only affidavits need to reach the Berkeley clerk physically, which mail accomplishes.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.