When you need form DE-142
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.
1. **Understand the Requirements:** Before filing, ensure all heirs or beneficiaries agree to waive the bond and have signed the form. Each must consult a lawyer if needed.
2. **Complete the Form:** Fill out the DE-142 form with the name of the personal representative and all necessary details of the estate and beneficiaries.
3. **Coordinate with the Petitioner:** Submit the completed form to the petitioner for the appointment of a personal representative or their attorney.
4. **File with Superior Court:** The form should be filed at the Superior Court of California in the county where the probate case is being handled. Ensure the case number and estate details are included.
5. **Follow-Up:** After filing, confirm with the court or the petitioner's attorney that the waiver has been accepted and recorded in the estate proceedings.