Table of Contents

DE-111: Petition For Probate (California)

The DE-111 Petition For Probate form is used when an individual seeks to initiate the probate process in California, typically after the death of a loved one, to request the court to admit a will, appoint a personal representative, or administer the decedent's estate.
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Tips for filling out form DE-111

When completing form DE-111, pay special attention to these less obvious sections:

Item 2a

Decedent's Status

Confirm whether the decedent was a resident of the county where you are filing. If they were not a resident, ensure you provide the correct estate location details in item 2b, as this determines the correct publication venue and venue jurisdiction.
Item 3g1

Representative Nomination

When nominating a personal representative, consider adding an attachment if the nominee is not named in the will or if you are the nominee. This is crucial for providing evidence of entitlement, and missing attachments can delay the process.
Item 3g2a

Priority Explanation

If you're claiming priority for Letters, and it's not immediately clear from the will or legal hierarchy, attach a detailed explanation to avoid potential objections or delays.
Item 3h

Representative Residency

Carefully determine the residency status of the proposed personal representative. If the representative is out-of-state, be prepared to address potential requirements for a bond or the appointment of a co-representative who is a resident.
Item 6

Heir Status

This section is crucial for understanding potential heir disputes. Identify all living descendants and marital status clearly to avoid future legal challenges or disputes amongst potential heirs.
Item 8

List Everyone

Include all mentioned in the will or codicils, even if deceased, and any heirs or beneficiaries. This exhaustive list helps prevent omissions that can delay probate proceedings by ensuring all potential claims and interests are represented.

What to do after filing form DE-111

1
Await the notice of the hearing date for your Petition for Probate from the court, which will usually be sent to your address on record.
2
Arrange for a publication of the notice in the specified newspaper to inform interested parties of the probate proceeding, adhering to local jurisdiction requirements.
3
Prepare and serve the Notice of Petition to Administer Estate (Form DE-121) to all heirs, beneficiaries, and interested parties at least 15 days before the hearing.
4
Gather and organize any additional documentation or evidence needed for the probate hearing, such as affidavits, waivers, consents, or oppositions.
5
Attend the scheduled probate hearing to confirm your appointment as executor or administrator and to address any objections or issues raised by interested parties.
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