Filing the Petition for Probate (DE-111) is the first critical step in opening a probate case in California. As the executor or personal representative of a deceased person’s estate, you will need to complete this form to request formal court approval to administer the estate. This form informs the court about the decedent, their estate, and the individual seeking to manage the estate’s administration.
In this post, we’ll walk through each section of the DE-111 form, providing step-by-step instructions on how to fill it out correctly and avoid common mistakes.
1. Obtain the DE-111 Form
The California Petition for Probate (DE-111) form is available on the California courts website or can be obtained from the probate division of your local Superior Court. You can download it and either fill it out electronically or print it and complete it by hand.
2. Complete the Caption Information
At the top of the form, you will need to fill in basic identifying information:
Attorney or Party Without Attorney (Name, Address, Telephone, and Email Address): If you are working with an attorney, they will fill in this section with their contact information. If you are representing yourself, provide your own contact information.
Attorney for (Name): If you are working with an attorney, they will enter their client’s name here, which would be you as the petitioner.
Superior Court of California, County of: Enter the name of the county where the decedent resided at the time of death. The probate case will be filed in the Superior Court of this county.
Estate of (Name): Enter the full legal name of the decedent (the person who passed away).
3. Section 1: Hearing Request
This section asks for a hearing date to be set:
Petitioner requests that: Check the appropriate boxes depending on whether you are asking for “Letters of Administration” (if there is no will) or “Letters Testamentary” (if there is a will).
If you are not sure when the court will schedule a hearing, leave the date blank, and the court will fill in this information once the petition is filed.
4. Section 2: Decedent’s Information
This section asks for information about the decedent:
a. Decedent’s date of death: Enter the date the decedent passed away.
b. Place of death (city and state): Enter the city and state where the decedent died.
c. Street address of decedent’s residence at time of death: Provide the decedent’s last known address.
d. If the decedent was a nonresident of California: If the decedent did not reside in California, you will need to indicate if they owned property within the state.
5. Section 3: Type of Probate Requested
Choose the type of probate proceeding you are requesting:
Check the appropriate box based on whether the decedent had a will or if they died intestate (without a will). The options include:
Letters of Administration (if no will exists).
Letters Testamentary (if the decedent left a valid will).
For most straightforward probate cases with a will, you will select “Letters Testamentary.” If the decedent did not have a will, select “Letters of Administration.”
6. Section 4: Decedent’s Will and Codicils
This section asks for details regarding the decedent’s will:
a. Original will of the decedent: Indicate whether you have the original will, a copy, or whether the will is lost or not yet located.
b. Codicil: A codicil is a legal amendment to a will. If the decedent left any codicils, check the appropriate box and provide details. If not, leave this section blank.
c. Will waives bond: If the will waives the requirement for the executor to post a bond, check this box.
7. Section 5: Appointment of Personal Representative
In this section, you will list the person or persons being nominated to serve as the personal representative or executor of the estate:
a. Petitioner: Check this box if you, as the petitioner, are seeking appointment as the personal representative or executor.
b. Appointment of executor, administrator, or special administrator: Specify whether the person nominated is an executor (if there is a will) or an administrator (if there is no will).
8. Section 6: Bond
In most probate cases, the personal representative is required to post a bond to protect the estate’s assets. However, some wills waive the bond requirement.
Check the appropriate box based on whether the will waives bond or if you are requesting that bond not be required. If bond is required, indicate the estimated value of the estate, which will be used to determine the bond amount.
9. Section 7: Inventory and Appraisal
This section covers the assets of the estate:
a. Estimated value of personal property: Provide an estimate of the total value of the decedent’s personal property (bank accounts, investments, personal belongings, etc.).
b. Estimated value of real property: If the decedent owned real estate, provide an estimate of its market value.
10. Section 8: Appointment of Guardian for Minor
If the decedent left minor children, and the court needs to appoint a guardian, provide information in this section. If this is not applicable, leave it blank.
11. Section 9: Notice to Heirs and Beneficiaries
In this section, you must list all heirs and beneficiaries who are entitled to notice of the probate proceedings:
List all heirs, beneficiaries, and next of kin: Include the names, relationships to the decedent, and current addresses of anyone who is legally entitled to be notified.
12. Section 10: Names of Persons Entitled to Letters
This section asks you to provide the name or names of those entitled to act as the personal representative (executor or administrator):
List all potential candidates for appointment. If you are requesting the appointment, list your name.
13. Section 11: Requests and Allegations
Here, you can make additional requests regarding the probate proceeding. For example, you may request the court allow independent administration of the estate, which would allow you to manage estate matters without constant court oversight.
14. Sign and Date
The final step is to sign and date the form. If you are working with an attorney, they will sign as your representative. If you are filing on your own, you will sign as the petitioner.
15. File the Petition with the Court
Once the form is complete, you must file it with the probate division of the California Superior Court in the county where the decedent lived. Be sure to file the following along with the Petition for Probate (DE-111):
The original will (if there is one).
The DE-147 (Duties and Liabilities of Personal Representative) form.
The DE-121 (Notice of Petition to Administer Estate) form.
The filing fee, which varies by county.
Conclusion
Filing the Petition for Probate (DE-111) is a necessary step to begin the probate process in California. Completing the form accurately and providing the required supporting documents will ensure that the court can properly evaluate the estate and move forward with appointing a personal representative.
If you are unsure about any part of the form or the probate process, it’s a good idea to consult with a California probate attorney to ensure that everything is filed correctly and in compliance with state law.
This guide provides detailed instructions for completing and filing the California Petition for Probate (DE-111), offering tips to help executors and personal representatives navigate the probate process with confidence.
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If you have questions about estate planning and estate taxes, a California probate, your responsibilities as a Trustee, or how to properly administer a California trust, contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney – today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.
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