Table of Contents

DE-140: Probate Order (California)

The DE-140 Order for Probate form is used when a court in California needs to officially appoint a personal representative, such as an executor or administrator, to manage and distribute a decedent's estate according to their will or the state's intestacy laws.
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Tips for filling out form DE-140

When completing form DE-140, pay special attention to these less obvious sections:

Item 1

Appointment Note

The form states 'this appointment is not effective until letters have issued.' In probate context, 'letters' refer to legal documents issued by the court officially naming someone to act as executor or administrator. Ensure that all necessary proceedings are completed for these to be granted.
Item 3a

Hearing Details

Fill in the date, time, department, and room number for the court hearing. Check your notice of hearing or contact the court clerk if you're unsure of the details. Accurate information ensures you don't miss your court appearance.
Item 4

Authority Choice

Decide between full or limited authority under the Independent Administration of Estates Act. Full authority allows the executor to act without court supervision on many matters, while limited authority restricts certain actions without court approval. Consider the specifics of the estate and discuss with legal counsel to choose appropriately.
Item 5b

Bond Requirement

If a bond is required, determine the correct amount. A bond is a safety measure to protect the estate’s assets. The amount can be defined by the court or agreed upon depending on the estate's value and complexity. Consult the court order or legal advisor for guidance.
Item 5c

Blocked Account

If the court orders deposits into a blocked account, you'll need to specify the financial institution and location. These accounts require court approval for withdrawals, ensuring money is safeguarded during the probate process. Have this information ready and discuss arrangements with the chosen bank.

What to do after filing form DE-140

1
Wait for the court to issue Letters Testamentary or Letters of Administration, which officially grant authority to the personal representative to manage the estate.
2
Ensure that any required notice to creditors is published in a local newspaper, as mandated by the court, to inform potential creditors of the probate process.
3
File a Notice of Administration to Creditors form with the court and mail it to known creditors, informing them of their rights and deadlines to file claims against the estate.
4
Begin inventorying the decedent's assets and liabilities, as this will be necessary for the preparation of the Inventory and Appraisal form, which must be filed with the court within the specified period.
5
Coordinate with the appointed probate referee to obtain necessary appraisals of estate assets, which will be included in the Inventory and Appraisal.
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