Table of Contents

DE-142: Waiver of Bond (California)

The DE-142 Waiver of Bond form is used when an heir or a beneficiary of a decedent's estate in California wishes to waive the requirement for a personal representative to post a bond, potentially expediting the probate process.
Official {court-form-name} PDF Download

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Tips for filling out form DE-142

When completing form DE-142, pay special attention to these less obvious sections:

Item 1

Understand Bond Waiver

Before signing, ensure you understand that waiving the bond means the personal representative will not be required to post an insurance-like protection for the estate's assets. If the representative mishandles assets, recovery could be difficult.
Item 2

Consult a Lawyer

If unclear about the implications of waiving the bond, consult an independent lawyer to explain the potential risks and benefits before signing. Relying solely on the lawyer for the proposed personal representative may not provide impartial advice.
Item G

Irrevocability of Waiver

Once the court appoints the personal representative without a bond due to your waiver, you cannot withdraw it. Remember, while you can petition later to require a bond, this might not be successful.

What to do after filing form DE-142

1
Confirm receipt of the filed waiver by contacting the court clerk's office, ensuring that the filing is logged into the probate case docket.
2
Inform the personal representative or their attorney that the Waiver of Bond has been filed to allow them to proceed with the probate process.
3
Wait for any further instructions from the court or the personal representative's attorney regarding the probate proceedings or potential court dates.
4
Stay updated on the status of the petition for probate by checking court notices or online case tracking if available in your jurisdiction.
5
Consider attending any scheduled probate hearings related to the estate where you may be able to express concerns or seek clarification about the estate administration process.
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