Hayward Probate Records

Estate matters for Hayward residents go through Alameda County Superior Court. Hayward has no probate court. California assigns all probate jurisdiction to county courts. When a Hayward resident dies, their estate case must be filed with the county. Alameda County operates the probate division for all cities within its boundaries. The probate office is at 2120 Martin Luther King Jr. Way in Berkeley at the Rene C. Davidson Courthouse. Hayward residents must travel to Berkeley for probate services. You file petitions there, attend hearings there, and access records there. Call 510-647-4439 for probate questions. The office operates Monday through Friday from 8:30 AM to 2:30 PM. Note the early closing time compared to most counties.

Alameda County Probate Court

Hayward falls under Alameda County Superior Court jurisdiction. The probate division is at 2120 Martin Luther King Jr. Way in Berkeley. This is the Rene C. Davidson Courthouse. Call 510-647-4439 for information. The court serves all 14 cities in Alameda County.

Court hours are 8:30 AM to 2:30 PM Monday through Friday. This is shorter than most counties. Plan to arrive well before 2:00 PM if you need help. The clerk window accepts filings during these limited hours. Walk-ins are welcome but afternoon service is very limited.

Alameda County uses Tyler Odyssey software. The online portal is at eportal.alameda.courts.ca.gov. Search by name or case number. The system shows filed documents, hearing schedules, and case status. Access is free but some features require a free account.

The county maintains probate information at alameda.courts.ca.gov. This page has local rules, forms, and contact details. Read local rules before filing. They supplement statewide Judicial Council rules.

Starting a Probate Case

Get form DE-111 from the California Courts website. This is the Petition for Probate. Fill in all sections. List the decedent's information and date of death. Name all heirs and beneficiaries. Describe estate assets.

Attach a certified death certificate to your petition. Include the original will if one exists. Make copies before filing. The court keeps originals permanently. You cannot get them back. Take everything to 2120 Martin Luther King Jr. Way in Berkeley.

Pay the $435 filing fee at the clerk window. Bring cash, check, money order, or credit card. The clerk reviews your documents and assigns a case number. They set a hearing date typically six to eight weeks out. Write down your date and time carefully.

After filing, publish notice in a legal newspaper. Several papers serve Alameda County. The newspaper files proof with the court after publication. Mail notice to all interested parties. This includes heirs, beneficiaries, and known creditors. File proof of service before your hearing. Missing proof causes delays.

Attend your scheduled hearing. Bring copies of all documents. The judge reviews your petition and may ask questions. If approved, you receive Letters of Administration. These give you authority to handle the estate. File an Inventory and Appraisal within four months.

Small Estate Procedures

Estates under $208,850 can skip full probate. This threshold applies to deaths on or after April 1, 2025. Small estates use simplified forms. This saves time and money compared to full probate.

Form DE-310 handles personal property. This includes bank accounts, cars, and stocks. Wait 40 days after death. Complete the form and take it to whoever holds the assets. They transfer property to you. No court hearing occurs. No filing fee applies.

Real property worth less than $67,425 uses form DE-305. File it with the Alameda County Recorder. The recorder charges about $15. This works only for California real estate. Out of state property requires different procedures.

Assets with named beneficiaries skip probate entirely. This includes life insurance and retirement accounts. Joint tenancy property also transfers automatically. Living trusts avoid probate if properly set up and funded.

Finding Legal Assistance

Alameda County Superior Court offers self-help services. Staff assist with forms and explain procedures. They cannot give legal advice about your case. Self-help is free. Go to the Berkeley courthouse during court hours. No appointment needed.

Legal Assistance for Seniors serves Alameda County residents over 60. Call 510-832-3040. They provide free help regardless of income. Bay Area Legal Aid helps low-income people. Call 510-663-4755. They handle probate and estate matters.

The Alameda County Bar Association runs a lawyer referral service. They connect you with private attorneys. Probate lawyers charge $350 to $550 per hour in the Bay Area. Some work on flat fees. Others charge based on estate value. Get written agreements before hiring.

The Hayward Public Library has legal reference materials. The Main Library is at 835 C Street. Librarians help you locate forms and guides. Free computer access is available for research and completing forms online.

Note: Many lawyers offer free initial consultations to discuss your case and explain their fees.

Getting Death Certificates

Probate requires certified death certificates. Order from Alameda County Vital Records or the state office. The county handles recent deaths. The state has older records going back decades.

Alameda County Vital Records is part of the Public Health Department. Order online through the county website. Certified copies cost about $28 each. Get several for different institutions. Processing takes one to two weeks for mail orders. In-person service is faster.

The California Department of Public Health is in Sacramento. Their address is P.O. Box 997410, Sacramento CA 95899-7410. Call 916-445-2684 for information. State processing takes three to four weeks. Online ordering is available through their website.

Only authorized people can order death certificates. This includes family members and legal representatives. Bring valid ID when ordering. Prove your relationship or authority to the decedent.

Other Alameda County Cities

These cities near Hayward also use Alameda County Superior Court for probate: Fremont, Union City, Castro Valley, San Leandro, Oakland, and Berkeley. All cases go to the Berkeley courthouse.

For neighboring counties, see: Santa Clara County, San Mateo County, and Contra Costa County.

Tips for Searching Cases

Use the Alameda County online portal to search probate cases. Enter the last name in the search field. Try different variations and spellings. Try with and without middle names. People use nicknames but legal documents show full legal names. Women may appear under maiden names or married names.

If you know the case number, use it. Alameda County cases follow a standard format. Enter the full number including all letters and zeros. This gives you direct access to the case file. You see all documents and hearing dates instantly.

The online system covers cases from recent decades. Very old cases may exist only on paper in archives. For probate from the 1980s or earlier, contact the clerk office. They can search archived records. This takes time so call ahead with your request.

Not all deaths create probate cases. Small estates use affidavits that do not create court files. Assets with beneficiaries transfer outside probate. Living trusts avoid probate. If you find no case, one may not exist.