How to Prepare a Petition for California Probate
July 20, 2015
To get a probate case started in California, a petition for probate has to be filed with the court. Below, we’ll explain how to do this.Getting a California Probate Case Started: 5 Steps 1 – Complete the necessary formsThese forms generally include (but may not be exclusive to, depending on the details of a given situation):
- Form DE-111, the Petition for Probate
- Form DE-122, the Notice of Petition to Administer Estate
- Form DE-147, the Duties & Liabilities of Personal Representative
- Form DE-140, the Order for Probate
- Form DE-150, Letters.
Additionally, the original will (if one exists) will have to be filed with the court. If proof needs to be submitted regarding the validity of a will, additional forms will need to be completed and submitted to the court.
At this point, it’s also important to call the Probate Calendar Clerk to schedule a hearing.2 – Notify the “interested parties.”
Specifically, a proper notice will need to be mailed to all named beneficiaries and other “interested parties.”3 – A notice will have to be published.
This notice will need to be published in a local newspaper in the county in which the resident lived.4 – Proof of service will need to be submitted to the court.
In other words, you will need to verify with the court that you served the “interested parties” with the proper notifications.5 – File a bond and appear at the hearing.
During this hearing, a judge will likely appoint a personal representative and set further court dates for the probate case to proceed. Following the hearing, the probate case will officially be opened, and a signed Order for Probate and Letters will need to be filed with the Clerk’s Office.Initiating a California Probate Case: More Important Info
Before filing any paperwork with the court, be sure to make at least two copies of it. Retaining copies of these documents can be crucial, especially if you are going to be the personal representative for an estate.
When filing the forms to initiate probate in California, it’s important to answer every question and provide all necessary supporting documents. Not completing any question or item – or failing to provide the necessary proof/supporting documents – can result in delays for a case, and this can end up increasing the duration (and costs) of probate.
Do you need help getting through probate? If so, the trusted Santa Clarita Probate Attorney at the Law Offices of Darrell C. Harriman is here for you. For more than 34 years, our San Fernando & Santa Clarita probate attorney has been dedicated to providing his clients with personalized, highly responsive service, as well as superior representation for their important legal matters.
To talk about your case and legal needs today, contact our firm by calling (818) 892-7093 or by filling out the contact form on this page.
From our offices based in North Hills, we provide the highest quality legal services to our clients throughout the San Fernando Valley, Simi Valley, Santa Clarita and the greater Los Angeles area.