California Judicial Council Form DE-111 – Petition for Probate

There are dozens of forms used in a California probate.  Some are created by the statewide Judicial Council, others by the local county probate Court, others by county assessors and record’s office, and many attorney drafted forms.  However, it all starts with DE-111 the PETITION FOR PROBATE.  In California this is the starting point of all basic probate actions.

The petition for probate requires you to make a lot of choices and, to be approved by the Court, has to be exactly right.  In some cases a supplement to the petition can be filed but be careful not to file an “amendment” as that will require a new Court date.

The petition for probate goes over the following and more:

– Where will the notice of probate be published;

– Is there a will or no will;

– Is bond going to be required;

– Was the decedent married, divorced, or did they have a registered domestic partner;

– Did they have kids, issue of a predeceased child, or foster or step-children who they would have adopted but didn’t because of a legal barrier;

– Did the decedent have other next of kin and, in some rare cases, did a predeceased spouse have next of kin;

– Estimated value of real and personal property in the estate;

– A list of all interested parties including relationship and address.

There is more but this gives you a flavor for the detail of what is required. Using an experienced California probate attorney is crucial for getting your form DE-111 RIGHT.

Let’s talk about your probate case and how we can help make it easier for you.  -John

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