Search Probate Cases in Berkeley

Berkeley probate matters go through Alameda County Superior Court. The city does not run its own probate division. California law assigns this function to county courts. The probate courthouse sits right in Berkeley at 2120 Martin Luther King, Jr. Way. This same court serves Oakland, Fremont, Hayward, and every other city in Alameda County. When a Berkeley resident dies, their estate case gets filed here. The clerk office is open Monday through Friday from 8:30 AM to 2:30 PM. You can file documents, search records, and ask questions during these hours. Phone support is available at 510-647-4439.

Alameda County Probate Court

Alameda County Superior Court has jurisdiction over all Berkeley probate cases. The courthouse is on Martin Luther King, Jr. Way between Addison and Center Streets. You can take BART to Downtown Berkeley station. Walk three blocks south. Or drive and park in the public lot on Addison Street.

Enter through the main entrance. Security screening is required. Once inside, look for probate department signs. The clerk window is on the main floor.

The probate clerk number is 510-647-4439. Staff answer procedural questions. They cannot give legal advice. Call early in the day for shorter hold times. The office opens at 8:30 AM.

Alameda County uses Tyler Odyssey case management software. Search online at eportal.alameda.courts.ca.gov. Enter a name or case number. The system shows filed documents and hearing dates. You can view most records for free.

How to File a Probate Case

Obtain certified death certificates first. Order from Alameda County or from the state. You need the original will if one exists. California requires delivery of wills to court within 30 days of death.

Fill out form DE-111, the Petition for Probate. Get it at courts.ca.gov. Provide details about the deceased, their property, and their heirs. Attach the death certificate and will.

File at the Berkeley courthouse. Bring your petition and attachments. The fee is $435. Pay with cash, money order, credit card, or debit card. Bring two copies. The clerk stamps one and returns it to you.

The court sets a hearing about two months out. Publish notice in a local newspaper that circulates in Berkeley. Mail notice to heirs and beneficiaries. File proof before your hearing.

At the hearing, the judge reviews your documents. If approved, you receive Letters of Administration. These authorize you to manage estate assets. You can access accounts, sell property, and pay debts.

File an Inventory and Appraisal within four months. List all property and values. When ready to close the estate, file a final petition. Pay another $435 fee. The judge approves distribution at a final hearing.

Simplified Procedures

Estates under $208,850 may skip full probate. This threshold applies to deaths on or after April 1, 2025. It covers personal property like accounts and vehicles. Real estate is handled differently.

Use form DE-310 for personal property. Wait 40 days after death. Fill out the affidavit. Present it to banks and institutions. They release assets without court involvement.

For real estate under $80,925, file form DE-305. Pay a $50 fee. The court issues an order. Use it to transfer the property deed at the county recorder.

Joint accounts pass to surviving owners automatically. Beneficiary designations bypass probate. Living trusts avoid court if properly set up before death.

Note: Threshold amounts change every three years based on inflation. Check current limits before filing.

Getting Legal Help

Alameda County Self-Help Center operates at the Berkeley courthouse. Staff help with forms and general questions. They cannot provide legal advice about your case. Services are free. Walk-in during court hours.

Legal Assistance for Seniors serves people age 60 and up. Call 510-832-3040. They help with wills, trusts, and probate. Some services are free regardless of income. Others have income limits.

Bay Area Legal Aid assists low-income residents. Call 510-250-5270. They handle civil matters including probate. Eligibility depends on income and household size.

The Alameda County Bar Association runs a referral service. Call 510-893-7160. For a small fee, you get a consultation with a probate lawyer. You can hire them afterward or seek other options.

Berkeley Public Library has legal materials at its branches. The main library on Kittredge Street stocks forms and guides. Librarians help you find resources but cannot interpret legal information.

How to Search Records

The online portal allows name searches. Type the last name first. Try variants if needed. Women may be listed under different surnames. Check maiden and married names.

Case numbers provide exact matches. If you have a case number, enter it completely. Include letters, numbers, and dashes. Format matters for searches.

Older cases may not be online. The county digitized records starting from a certain date. For cases from decades ago, call the clerk at 510-647-4439. Staff can search archived files. This takes longer than online searches.

Not all deaths result in probate. Small estates use simpler methods. Assets with beneficiaries transfer outside court. Living trusts distribute property without probate. Just because someone died does not mean a case exists.

Other Alameda County Cities

These cities also use the Berkeley probate courthouse: Oakland, Fremont, Hayward, Alameda, and Livermore. All Alameda County probate cases go to 2120 Martin Luther King, Jr. Way.

Nearby counties with their own courts: Contra Costa County to the north, San Mateo County to the south, and Santa Clara County to the southeast.