Probate Attorney in Marin County, CA
Probate Administration Made Simple
Dealing with probate can be overwhelming—especially during times of personal loss. As dedicated probate attorneys in Marin County, CA, we focus on guiding families through every step of the process with clarity and compassion. Our role as your probate lawyer is to simplify complex court procedures, protect your loved one’s legacy, and ensure that assets are distributed according to the law. With more than a decade of experience, we are committed to providing personalized service that eases stress and brings peace of mind.
With years of experience guiding families through probate, we’ve built the tools, knowledge, and insight to make the process as smooth as possible. Whether you want us to handle everything from start to finish, or simply need expert coaching while you manage probate yourself, we’re here to help.
Let us take the stress out of probate so you can focus on what matters most.
Find Probate Help In Your Area:
Novato • Petaluma • San Francisco • San Rafael • Tiburon
See Our Reviews
Work with a Qualified California Inheritance Lawyer
Why Choose Us for Probate Administration?
At Codi M. Dada Law Office, P.C., probate administration is not a side practice, it is our daily focus. Because we work on probate matters every single day, we’ve developed a deep familiarity with the rules, procedures, and local practices of probate courts across the entire state of California. This constant repetition means fewer delays, fewer surprises, and a smoother path to completing the estate process.
Our extensive experience gives us unique insight into how to make probate easier for our clients. We understand the challenges families face, and we’ve built strategies, checklists, and tools to help simplify every step.
How We Help:
- Full-Service Representation
We handle the entire probate process for you, from filing petitions, to working with the court, to distributing assets. You’ll have peace of mind knowing every detail is taken care of. - Coaching & Guidance
If you’re handling probate yourself but encounter challenges, we provide step-by-step coaching and support. We can guide you through complicated forms, deadlines, and procedures so you don’t feel overwhelmed. - Statewide Knowledge
Because probate rules vary by county, experience matters. We know how courts across California operate, and we adapt to each court’s specific requirements to move your case forward efficiently.
Personalized Probate Guidance
Clear Explanations for Complex Procedures
Every family’s situation is unique, and we believe your legal support should reflect that. When you have a probate attorney by your side, you can help them understand your goals, explain your options, and create a plan tailored to your needs. Whether you require full-service representation or step-by-step coaching, our team ensures that you never feel alone in the process. By working with us, you gain a partner who is deeply invested in protecting your family’s future.
Streamlined Probate Administration
Local Knowledge That Saves Time and Stress
Probate can involve multiple filings, court appearances, and strict deadlines, which can be intimidating without professional guidance. With an experienced probate lawyer, you can anticipate challenges and prevent unnecessary delays. Our familiarity with Marin County probate courts allows us to move cases forward efficiently while minimizing costs. We handle the details so you can focus on honoring your loved one’s memory rather than worrying about paperwork.
If you are facing probate, we encourage you to reach out today so we can help you move forward with confidence.
Ready to Get Help?
Call Codi M. Dada Law Offices Today
If you are facing probate, you don’t have to do it alone. Whether you want full representation or guidance while handling the process yourself, Codi M. Dada Law Office, P.C. is here to help.
Based in Novato, California — Serving families throughout the entire state
How Does Probate Work?
-
Step 1
-
Step 2
-
Step 3
Probate is a multi-step court process to obtain court permission to distribute a deceased person’s assets when the person only had a Last Will and Testament or did not have a Last Will and Testament. Probate lawyers assist with this process. If the person held the legal tile of their assets in a trust, probate is not required to distribute assets. This helps avoid probate litigation, makes the process much easier and much less costly.
Step one of the probate processes is to obtain a court date for the purpose of obtaining court permission to manage and distribute the assets of the deceased person. The document that is issued by the court, if all steps of the process have been properly completed, is called the ‘Letters of Testamentary’ or” Letters of Administration.”
The “Letters of testamentary” or “Letters of Administration” gives legal authority to the person named as Executor or Administrator in the Last Will and Testament to manage and distribute the deceased person’s assets in accordance with the instructions of the deceased person’s Last Will and Testament as well as collecting, monies owed to the deceased, selling real estate, paying final obligations, paying taxes as well as the authority to deal with any and all aspects of the deceased assets and financial matters.
The Letters of Testamentary or Letters of Administration are obtained by first filing with the Probate Department of the Superior Court in the county where the deceased person lived prior to death, a petition to administer the Probate Estate, Notice of Hearing to Administer the Estate, Duties and Liabilities of the Personal representative and the original copy of the Last Will and Testament (Lodging the Wil). We make this probate process easy no matter what the circumstances, because this area of law is our focus, we know exactly what to do to complete the probate administration as quickly as possible and minimize the cost of the Probate Administration so you can Distribute Probate Estate Assets.
Next, to obtain the Letters of Testamentary or Letters of Administration, a notice of the petition for probate must be mailed to each beneficiary named in the last will and testament as well as any other legal heir and proof of service must be filed with the court. Proof of service is the document that informs the probate court that such notice has been provided to all beneficiaries named in the will and all legal heirs. If a person did not have a Will, the California Probate Code directs how the deceased person’s assets will be distributed, rather than the Will; this is called Testate Probate. If the person did not have a Last Will and testament, we can explain to you how the assets will be distributed.
Next, Publication must occur. This means that legal notice must be published in an approved newspaper for three days in specific intervals and Proof of Publication must be filed with the probate court when this has been properly completed. Proof of Publication is the document informs the probate court that Notice has been published in the approved newspaper.
After, the documents called the Petition to Administer Probate, Duties and Labilities of the Personal Representative, the Proof of serve and Proof of publication, and Surety Bond (Bond not always required) have been filed with the probate court, the court will review the documents days before the scheduled probate court hearing and either ask for clarification on any issue or grant the petition to administer the estate.
Once the Petition to administer the Probate Estate has been approved the court will mail to the executor or administrator of the estate the Letters of Testamentary or Letters of Administration.
Next, the probate administration process requires the Executor or Administrator to Marshall the assets of the estate. This means that all assets must be located and reported to the probate court by filing an “Inventory and Appraisal” with the Probate Court. This requires a complete list of the deceased’s assets to be listed in a specific format to the court appointed Probate Referee. The Probate Referee acts as the official court appraiser. The Probate Referee is required to provide a date of death value for all of the deceased’s assets. After the Inventory and Appraisal has been completed by the Probate Referee, the inventory and appraisal must be filed with the probate court. The assets of the estate cannot be distributed until the court approves the final petition for distribution. Until the court approves the Petition for Distribution all estate assets must remain in a separate bank account under a different tax identification number. This separate tax identification number is called an “EIN” which stand for Employer Identification Number.
The EIN acts as the social Security number for the estate. The EIN number will be used to open a separate bank account for the estate as well as file the tax returns of the estate at the end of the process. We make the probate administration easy for you by completing all the legalities for you to complete these requirements and obtain the EIN on your behalf, while providing you with personalized explanations in a clear and understandable way.
Next, official notice must be sent to the Department of Health Care Services, Internal Revenue Service, Franchise Tax Board or any state taxing agency, person related to the deceased that may be jailed, as well as notice to all known or reasonable identifiable creditors of the deceased. There is also other notice requirement that may apply depending on the circumstances of the estate, which we will identify to you as needed based on your specific circumstances. After these notices have been sent, proof of serve must be filed with the Probate Court. Proof of service is the document that informs the probate court that notice to the appropriate entities has been sent.
Finishing the deceased’s income taxes and property taxes is required before the court will grant permission to distribute the assets held in the estate. Also, paying the financial debts and obligations of the deceased is a required before the court will grant permission to distribute the assets held in the estate. Also, if real estate is part of the estate, a Change in Ownership Report and possibly a Request for Claim for Exclusion of Property Tax Reassessment must be filed with the county tax assessor in the county where the property is located. We make the probate process easy and straight forward for you by completing all the documents needed and doing everything for you while providing understandable explanations during the entire process.
After the inventory and appraisal has been filed with the probate court, debts paid, and all other requirements are completed, a Petition for Final Distribution must be filed with the probate court.
The final Step of the Probate Process is to file a Petition for Final Distribution. This is a narrative report of that explains to the probate court everything the probate court needs to know about the completed duties of the Executor or Administrator and requests the judge to approve everything that occurred during the probate administration process.
The Final Petition for Distribution also requests approval from the probate court to compensate the executor and authorize the distribution of the probate estate assets to the probate beneficiaries who are entitled to the probate estate assets. Only after the Petition for Final Distribution has been approved by the probate court, the Executor or Administrator has legal authority to distribute the assets of the probate estate to the beneficiaries of the Probate Estate.
Because the main focus of Codi M. Dada Law Office PC is Probate Law, Codi M. Dada Law Office PC is your best choice for easy, fast, low stress Probate Administration, no matter how complicated the circumstances maybe.
Find a Probate Lawyer in:
What does a probate attorney do?
A probate attorney will complete, and file all required documents to initiate the probate process to obtain legal authority over a deceased person's assets. The attorney will fulfill all required notice documents, complete the required inventory and appraisal process, and ultimately obtain a court order granting legal authority to distribute assets to the beneficiaries named in the Will (or the legal heirs if there was no will).
Codi M. Dada Law Office will simplify the process for you and clearly explain each step of the process while we handle ALL aspects of the entire probate process, making it super easy for you.
What is the normal fee for a probate lawyer?
The cost of a probate attorney is determined by law. A probate attorney is not permitted to charge more than what is permitted by law. Compensation for the probate lawyer is called “Statutory Compensation”. Statutory Compensation is based on a percentage of the overall probate estate value. Also, a probate attorney gets paid out of the estate assets after the entire probate process is complete. You do not necessarily pay a probate attorney out of your own pocket.
Also, a probate attorney must be provided to you in writing all details of their compensation before beginning to work on your case. Codi M. Dada Law Office will clearly explain how everything works before beginning and will provide you all details in writing, so you feel comfortable during the entire process.
Can I settle an estate without a probate lawyer?
It is not recommended to take on probate alone. Probate is very technical and if every detail is not followed precisely the court will reject documents and require you to resubmit documents or redo certain tasks until exact compliance with court requirements are achieved; each county has slightly different preferences and procedures indicated as “Local Rules”. Each time an error occurs the probate court will reschedule the case, causing the completion of the probate to take much longer and possibly cost more than it should. If many mistakes occur the court will question your ability to complete the probate and suggest or require that you hire assistance from a probate attorney.
Codi M. Dada Law Office P.C. can help you as much or as little as you prefer to fit your situation. We enjoy helping people make their lives easier.
Do small estates still require probate?
If under a state determined dollar amount, sometimes probate is not required by law.
What is the difference between probate and a letter of administration?
Probate is the legal process of obtaining court permission to manage and distribute a deceased person’s assets. A Letter of Administration is the actual court document (Court Order) that gives the person appointed by the court the legal permission to manage and distribute the assets of a deceased person.
Do Probate lawyers deal with trusts?
No. There are many different kinds of trusts, such as a revocable trust and a revocable living trust. Estate lawyers will deal with trusts. Codi M Dada is certified in both types of law and can assist with either.
How long does probate usually take in Marin County, CA?
The timeline varies depending on the complexity of the estate, but most cases take between nine months and a year. Larger estates or those with disputes may take longer. Having a probate lawyer manage the process can help avoid delays and keep the case moving efficiently.
Can probate be avoided altogether?
Yes, probate can often be avoided if assets are placed in a properly funded trust before death. Other strategies, such as joint ownership or beneficiary designations, can also bypass probate. We can review your situation and recommend the best approach to minimize court involvement.
What happens if someone dies without a will?
When a person passes away without a will, their estate is distributed according to California’s intestate succession laws. This means the court decides who inherits property, usually starting with the closest relatives. A probate lawyer ensures that the process follows the law correctly and helps families avoid disputes during this sensitive time.
Is probate always handled in the county where the deceased lived?
Yes, in most cases probate must be filed in the county where the deceased person resided at the time of death. However, if the individual owned property in another county or state, additional proceedings may be required there. A probate attorney can help coordinate these matters to ensure that all assets are properly accounted for and distributed according to California law.
