When you need form DE-111
The DE-111 Petition For Probate form is essential in the legal process for administering a deceased person's estate. It becomes necessary when a person has passed away, leaving assets that need to be distributed according to their will or, if there is no will, as determined by the probate laws. This form is part of the initial steps in the probate process, which is filed with the probate court to request the appointment of a personal representative to manage and distribute the estate.
- **Trigger Event**: The death of an individual who owns property or has assets that need legal administration.
- **Before Filing**: Obtain the decedent's death certificate.
- **Related Forms**: You may also need to file a Notice of Petition to Administer Estate (Form DE-121).
Once this form is filed and the court grants petition, it may grant letters of administration, allowing the personal representative to begin managing the estate's affairs officially. This step is crucial to ensure that the deceased's estate is handled according to law and their wishes.
- **Identify the Correct Court**: Determine the California Superior Court in the county where the decedent resided or where the property is located.
- **Prepare the Form**: Fill out the DE-111 Petition for Probate form completely, ensuring all relevant sections are accurately completed.
- **Submit the Filing Fee**: Pay the required filing fee; check with the specific court for the exact amount and acceptable payment methods.
- **File the Form**: Submit the completed form and any necessary attachments to the probate clerk at the identified court, either in person or electronically if the court allows.
- **Obtain a Hearing Date**: Upon submission, the court will provide a hearing date, which you must attend to proceed with the probate process.