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DE-121 Guidance: Notice of Petition To Administer Estate (California)

Use the DE-121 Notice of Petition to Administer Estate form when you are involved in the probate process and need to notify heirs, beneficiaries, creditors, and other interested parties about the petition filed for administering a decedent's estate. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form DE-121

When completing form DE-121, pay special attention to these less obvious sections:

Item 1

Identify Interested Parties

Be thorough when listing all heirs, beneficiaries, creditors, and other interested parties. This ensures that everyone with a potential interest in the estate is notified and helps prevent legal issues later on. Double-check alternate names the decedent was known by to avoid missing someone.
Item 3

Personal Representative

Ensure that the person being proposed as the personal representative (executor or administrator) is willing and eligible to serve in this role. They must not have a conflict of interest and should have the capacity to handle the responsibilities involved in administering the estate.
Item 4

Independent Administration

Understand the Independent Administration of Estates Act, which allows the personal representative to manage the estate with minimal court supervision. This can speed up administration, but it's crucial to determine if this level of authority is appropriate for the estate’s circumstances.
Item 7

Objection Process

If you have objections to the petition, be aware that you must file them in writing prior to the hearing, or be prepared to present them in person during the hearing. Consult an attorney to ensure that your objections are properly drafted and filed.

What to do after filing form DE-121

1
Check the court's schedule to confirm the date, time, and location of the hearing mentioned in the notice.
2
Serve a copy of the Notice of Petition to Administer Estate to all heirs, beneficiaries, creditors, and interested parties as required by law and retain proof of service.
3
File the proof of service with the court before the hearing date to demonstrate that all interested parties have been notified.
4
Prepare for the hearing by gathering any additional documents or information needed to support the petition to administer the estate.
5
Attend the scheduled hearing in person or through an attorney to present your case and respond to any objections that may be raised by interested parties.
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