DE-142 Guidance: Waiver of Bond (California)

During the probate process of administering a deceased person's estate, an interested party, such as an heir or beneficiary, might need to complete the Waiver of Bond form (DE-142). This typically happens after the initiation of probate proceedings when there is a need to appoint a personal representative to manage the estate's affairs. If the decedent's will does not waive the necessity for a bond, or in cases of intestacy (where there is no will), the court may determine a bond is necessary. - **Petition for Probate (Form DE-111):** Filing the initial petition to start the probate process, which might require attaching the waiver as part of Attachment 3e. - **Notice of Petition to Administer Estate:** Issuance of this notice signals the intent to open probate, often prompting considerations surrounding the requirement of a bond. - **Order for Probate:** The court's official decision to appoint a personal representative, at which point bond requirements are addressed. Thus, the DE-142 form becomes necessary when stakeholders in an estate must decide whether to require a bond for the personal representative. Completing this form allows beneficiaries to express their consent in forgoing the bond requirement, which can only be addressed after the Petition for Probate is filed and before the court issues its order, fully appointing the personal representative without a bonding condition.