When you need form DE-121
In the legal process of administering a decedent's estate, the DE-121 Notice of Petition to Administer Estate form is necessary when a person has filed a Petition for Probate. This form is used to notify all interested parties, such as heirs, beneficiaries, and creditors, about the upcoming probate proceeding. The process generally begins when someone close to the deceased decides to take on the task of managing and distributing the estate.
- **Filing a Petition for Probate**: Before this notice, the probate process begins with filing the Petition for Probate, which requests the court to formally recognize the executor or administrator.
- **Death of the Decedent**: Naturally, the process is triggered by the passing of the deceased, necessitating the administration of their estate.
- **Submission of the Decedent's Will**: If there's a will, submitting it to the court as part of the Petition for Probate often comes right before issuing the notice.
The purpose of the DE-121 form is to ensure that anyone who has a potential interest in the estate is informed of the proceedings and has the opportunity to object if they so wish. Properly notifying interested parties is crucial, as it provides transparency and allows any objections or claims to be resolved under legal supervision.
- **1. Complete the Form:** Fill out the DE-121 form with accurate information about the decedent, petitioner, and hearing details.
- **2. Prepare Copies:** Make sufficient copies of the completed form to serve all interested parties, including heirs, beneficiaries, and creditors.
- **3. File with the Court:** Submit the original form to the Superior Court of California in the county where the decedent resided. Pay any required filing fees.
- **4. Serve the Notice:** Serve a copy of the form and any relevant documents on all interested parties by mail or in person, adhering to the timelines set forth by the court.
- **5. Proof of Service:** Complete the proof of service section on page two of the form and file it with the court to demonstrate that notice was properly served.