DE-140 Guidance: Probate Order (California)

When you need the DE-140 Probate Order form, you are generally in the process of taking legal steps to administer the estate of someone who has passed away. This form is utilized after a petition for probate has been filed and approved by the court. It formalizes the court's decision to appoint a personal representative, such as an executor or administrator, of the decedent’s estate. The DE-140 form becomes necessary if the decedent left a will, died intestate (without a will), or if there are situations requiring special or limited administration of the estate. - **Petition for Probate (Form DE-111):** Typically filed before the DE-140, this petition requests that the court officially recognize the executor named in the will (if applicable) and begin the probate process. - **Notice of Petition to Administer Estate (Form DE-121):** Filed to notify interested parties and creditors about the probate proceedings, which can precede the use of the DE-140. - **Notice of Hearing:** Necessary to inform all interested parties about the court date for the hearing on the petition for probate. Completing the DE-140 marks a key stage in the probate process as it paves the way for the Legal Letters (Form DE-150) to be issued upon qualification, allowing the appointed executor or administrator to manage and settle the decedent’s estate officially. Subsequent forms and steps will deal with the detailed administration, including inventory, appraisals, and eventual distribution.