Last verified 2026-07-14, every fact checked against the primary sources below
How probate works in Contra Costa County
Last verified: July 14, 2026
The short answer: If the person who died lived in Contra Costa County, you file the Petition for Probate (form DE-111) at the Wakefield Taylor Courthouse, 725 Court St. in Martinez — every probate matter in the county files and is heard there. The filing fee is $435. Attorneys must e-file; if you are handling it yourself, paper filing is fine. Decedent-estate hearings run Tuesdays and Thursdays at 9:00 a.m., probate calendar notes post six to eight days before the hearing, and appearances at an uncontested first hearing are "not normally required" — a clean petition usually resolves without a trip to Martinez.
Before you file anything, check whether you need probate at all. The simplified paths at the bottom of this page skip the process entirely for many families.
Contra Costa County probate at a glance
| Fact | Detail |
|---|---|
| Petition form | DE-111, Petition for Probate — the court publishes a downloadable packet |
| Filing fee | $435 (no Contra Costa County surcharge) |
| Where to file | Wakefield Taylor Courthouse, 725 Court St., Martinez |
| Clerk phone | (925) 608-2613 (wills, trusts, estates); courthouse (925) 608-1000 |
| E-filing | Mandatory for represented parties; optional for self-represented |
| Pre-hearing review | Probate calendar notes, posted 6 to 8 days before the hearing; pleadings due 5 days before |
| Hearing window | 15 to 30 days after filing by statute (Prob. Code § 8003); estates heard Tue and Thu, 9:00 a.m. |
| Skip probate? | Estate of $208,850 or less: small-estate affidavit. Home worth $750,000 or less: form DE-310 |
Where do you file probate in Contra Costa County?
"All Probate, Guardianship and Conservatorship documents are filed and heard in the Wakefield Taylor Courthouse in Martinez" (where to file):
| Courthouse | Address | Hours | Phone |
|---|---|---|---|
| Wakefield Taylor Courthouse | 725 Court St., Martinez, CA 94553 | Monday to Friday, 8:00 a.m. to 4:00 p.m. | (925) 608-1000; probate questions (925) 608-2613 |
General probate matters sit in Departments 30 and 38 (probate departments). Ex parte probate matters go to Room 210 by submission — sign in between 8:00 and 9:00 a.m.
How much does it cost to file probate in Contra Costa County?
| Item | Fee | Source |
|---|---|---|
| First-filed Petition for Probate (letters testamentary or letters of administration) | $435 | Gov. Code § 70650(a), statewide civil fee schedule effective Jan. 1, 2026 |
| Contra Costa County surcharge | None | Local courthouse-construction surcharges exist only in Riverside, San Bernardino, and San Francisco |
Card payments at the counter add a 2.99% convenience fee (minimum $1). If you e-file, the provider's fee comes on top.
How do you file the petition?
Probate is a designated e-filing case type: represented parties must e-file under Local Rule 2.87 and the court's standing e-filing order. Self-represented litigants are exempt "but are permitted and encouraged to electronically file."
Paper still required, even for attorneys: wills and codicils, bonds, letters, small-estate real-property affidavits, and ex parte motions cannot be e-filed — the original will goes to the clerk in hard copy. E-filing runs through the court's e-filing portal and approved vendors.
Two petition-drafting rules examiners actually check (Local Rule 7.151): a holographic (handwritten) will needs a typewritten line-by-line copy attached, and the dates of death of any deceased beneficiaries go in Attachment 8. Serve a copy of the petition with the Notice of Petition to Administer Estate — but do not publish the petition with the newspaper notice.
How long until the first hearing?
State law says the hearing on the petition "shall be set for a day not less than 15 nor more than 30 days after the petition is filed," or 30 to 45 days out if you request it (Prob. Code § 8003). Contra Costa hears decedent-estate matters on Tuesdays and Thursdays at 9:00 a.m., and "parties may request, but are not guaranteed, any particular date" (Local Rule 7.50).
Use the gap well. You must publish notice of the hearing in a newspaper and mail notice to heirs before the hearing, and you should watch your calendar notes as the date approaches.
What are probate calendar notes and how do you clear them?
"The Probate Examiners review all petitions and orders for content and legal requirements before they are acted upon by the court" (about probate calendar notes). Anything marked NEEDED in your notes must be answered before the hearing.
| What to know | Detail |
|---|---|
| Where to find them | The court's public portal |
| When they appear | Ordinarily 6 to 8 days before the hearing |
| Deadline for pleadings | "All pleadings must be filed by five days prior to the hearing date in order to be considered by the court" |
| Tentative rulings | Posted 3 to 5 court days before the hearing on the tentative rulings page; responses due two court days before, with endorsed copies delivered to the examiner (Local Rule 7.55) |
| Continuances | The first hearing can be continued to fix defects even by a phone call to the clerk; after that, the matter "may be dismissed unless the petitioner shows good cause" (Local Rule 7.56) |
What local quirks should an executor know?
- One courthouse for the whole county. Martinez, whatever city the person lived in.
- Appearances at the first hearing of an uncontested matter "are not normally required" unless the tentative ruling says "Appearances required" (Local Rule 7.52). File clean, stay home.
- The free continuance is a one-time gift: only the first hearing can be continued by calling the clerk. Use it deliberately, not accidentally.
- Remote appearances are Zoom video only — audio-only is not permitted — and for non-evidentiary probate hearings you do not need to file a notice of remote appearance (Local Rule 2.180).
- Once a probate hearing is noticed, it cannot be moved earlier (Local Rule 7.109).
- The court has a probate facilitator for procedural questions: (925) 608-2066, [email protected].
Can you skip probate entirely?
Formal probate is the expensive road. Two shortcuts cover many Contra Costa families, using the thresholds on Judicial Council form DE-300 (rev. April 2025) for deaths on or after April 1, 2025:
| If | Then |
|---|---|
| The probate estate is $208,850 or less | No probate. After 40 days, collect assets with a small-estate affidavit under Probate Code §§ 13100 to 13101 |
| The main asset is the primary residence, worth $750,000 or less | A simplified court petition (form DE-310) instead of full probate |
For what counts toward those numbers and what skips probate automatically, see our first-30-days guide.
The Estate Desk handles this for California families. theestatedesk.com
Check in 2 minutes whether you need probate at all
Primary sources
- https://contracosta.courts.ca.gov/divisions/probate
- https://contracosta.courts.ca.gov/forms-filing/where-file
- https://contracosta.courts.ca.gov/location/wakefield-taylor-courthouse
- https://contracosta.courts.ca.gov/about-probate-calendar-notes
- https://contracosta.courts.ca.gov/online-services/tentative-rulings
- https://contracosta.courts.ca.gov/system/files/general/ninth-amended-general-order.pdf
- https://contracosta.courts.ca.gov/system/files/general/july-2026-local-rules-final_0.pdf
- https://courts.ca.gov/system/files/file/statewide-civil-fee-schedule-eff-01012026.pdf
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8003
- https://courts.ca.gov/sites/default/files/courts/default/2024-11/de300.pdf