California Probate Forms

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Information On Appeal Procedures For Unlimited Civil Cases

California

APP-001-INFO

Explains the steps to begin and complete an appeal of a trial court in an unlimited civil case (generally a case for more than $25,000 or a case from family, juvenile, or probate court). It includes links to online resources to help understand each step in the appeal process.

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Notice Of Appeal/cross-appeal (Unlimited Civil Case)

California

APP-002

Tell the trial court that you are appealing (asking a higher court to review) the decision (final judgment or order) of the trial court in an unlimited civil case (generally a case for more than $25,000 or a case from family, juvenile, or probate court).

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Preliminary Change Of Ownership Report

California

BOE-502-A

To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder’s office for the county where the property is located.

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Petition For Probate

California

DE-111

Ask the court to start the process for distributing a deceased person’s property, paying debts owed by the deceased person, and settling the financial affairs of the deceased person.

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Waiver Of Bond By Heir Or Beneficiary

California

DE-111(A-3e)

If you are eligible to receive part of an estate (the property of a deceased person), tell the court that you want to waive (give up) the requirement that the estate’s personal representative (the person named as executor in the deceased person’s will or the person appointed by the court to manage the estate of a deceased person who did not have a will) have a bond (a form of insurance in case the personal representative steals from or does not properly manage the estate). Can be attached to a Petition for Probate (DE-111).

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Notice Of Hearing On Petition To Determine Claim To Property

California

DE-115

A person who made a claim to property that is in an estate or a trust or that will be distributed by a guardianship or conservatorship uses this to tell all interested persons about the date, time, and place of a hearing relating to that claim. Also tells those receiving the notice what might happen if they do not come to the hearing or respond to the claim.

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Notice Of Hearing—decedent's Estate Or Trust

California

DE-120

If you file a paper in court relating to an estate or a trust, tell all interested persons about the date, time, and place of a hearing relating to that paper.

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Attachment To Notice Of Hearing Proof Of Service By Mail

California

DE-120(MA)

Gives more space to list people who had a Notice of Hearing delivered to (served on) them by mail. This can be attached to either Notice of Hearing—Guardianship or Conservatorship (GC-020) or Notice of Hearing-Decedent’s Estate or Trust (DE-120).

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Proof Of Personal Service Of Notice Of Hearing—decedent's Estate Or Trust

California

DE-120(P)

Tell the court who had a Notice of Hearing-Decedent’s Estate or Trust (DE-120) delivered in person to (personally served on) them. This can be attached to Notice of Hearing-Decedent’s Estate or Trust (DE-120).

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Attachment To Notice Of Hearing Proof Of Personal Service

California

DE-120(PA)

Gives more space to list people who had a Notice of Hearing delivered in person to (personally served on) them. This can be attached to either Proof of Personal Service of Notice of Hearing—Decedent's Estate or Trust (DE-120(P)) or Proof of Personal Service of Notice of Hearing—Guardianship or Conservatorship (GC-020 (P)).

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Notice Of Petition To Administer Estate

California

DE-121

If you file a Petition for Probate (a request to start the process for distributing a deceased person’s property, paying debts owed by the deceased person, and settling the financial affairs of the deceased person), tell all interested persons that the petition has been filed and about the date, time, and place of a hearing on the petition. Also explains what a person receiving the notice should do if they do not agree with the petition.

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Attachment To Notice Of Petition To Administer Estate—proof Of Service By Mail

California

DE-121(MA)

Gives more space to list people who had a Notice of Petition to Administer Estate (DE-121) delivered to (served on) them by mail. This can be attached to Notice of Petition to Administer Estate (DE-121).

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Citation—probate

California

DE-122

Tells a person that they are required to come to a hearing relating to a case in probate court, such as a case about an estate (the property of a deceased person) or a trust (an arrangement where property is given to someone to be held for the benefit of another person).

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Summons (Probate)

California

DE-125

Tells parties other than the petitioner that a probate case has started and what can happen if a response is not filed in 30 days.

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Proof Of Subscribing Witness

California

DE-131

A person who signed another person’s will (a legal paper that lists a person’s wishes about what will happen to his or her property after death) or a codicil (a change to a person’s will) uses this to make a sworn statement about that will or codicil.

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Proof Of Holographic Instrument

California

DE-135

A person who is familiar with the handwriting of a deceased person uses this to make a sworn statement that handwritten parts of a will were written and signed by the deceased person.

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Order For Probate

California

DE-140

States the courts decision (order) appointing the personal representative of an estate (the executor of the deceased person’s will or the administrator appointed by the court to manage the estate of a deceased person who did not have a will) and listing powers and responsibilities of the representative.

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Duties And Liabilities Of Personal Representative

California

DE-147

Explains the duties of a personal representative of an estate (the executor of the deceased person’s will or the administrator appointed by the court to manage the estate of a deceased person who did not have a will) and what can happen if a personal representative does not fulfill those duties. People who have asked the court to be appointed as a personal representative also use this to tell the court they have received a copy of Duties and Liabilities of Personal Representative (DE-147).

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Confidential Supplement To Duties And Liabilities Of Personal Representative

California

DE-147(S)

People who have asked a court to be appointed as a personal representative of an estate use this to confidentially give a court that requires it their birth date and driver’s license number.

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Letters

California

DE-150

Persons who are appointed as personal representatives of estates use this to prove to others that they need to work with to carry out their duties that they have been officially appointed by the court.

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Request For Special Notice

California

DE-154

Ask to get notice of more things that may be filed in a case in probate court. People who were served with a request for special notice (DE-154) also use this to tell the court they have received the request.

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Notice Of Administration To Creditors

California

DE-157

Tells those to whom a deceased person owes money or other property (creditors) who has been appointed as the personal representative of the deceased person’s estate and that the representative has started managing the estate. Also provides creditors with information about how and when to make a claim against the estate and what may happen if they do not file a claim on time.

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Inventory And Appraisal

California

DE-160

Tells the court what property is owned by the estate and approximately how much it is worth.

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Inventory And Appraisal Attachment

California

DE-161

Gives more space to tell the court about more property owned by the estate and approximately how much it is worth. Can be attached to Inventory and Appraisal (DE-160).

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Notice Of Proposed Action (Objection-consent)

California

DE-165

Personal representatives of estates use this to tell all interested persons about actions that they plan to take. Also used by people receiving the notice to tell the court if they disagree with (object to) or agree with (consent to) the representative’s proposed action.

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Waiver Of Notice Of Proposed Action

California

DE-166

Tell the court that you give up (waive) your right to get notice from the personal representative of the estate about actions that the representative plans to take. Can also be used to cancel (revoke) a waiver of the right to notice that you signed before.

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Creditor's Claim

California

DE-172

Those to whom a deceased person owes money or other property (creditors) use this to make a claim against the estate. Also explains how to fill out the claim, when and how to file it, and what may happen if it is not filed on time.

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Allowance Or Rejection Of Creditor's Claim

California

DE-174

The personal representative of the estate uses this to tell the court and a creditor who made a claim against the estate whether the representative approves or rejects the claim in whole or in part and also states the court’s decision to approve or reject the claim. Also provides creditors whose claims are rejected by the personal representative with information about what they can do next.

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Order Prescribing Notice

California

DE-200

States the court’s decision (order) about who must be given (served with) the Notice of Hearing.

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Spousal Or Domestic Partner Property Petition (Probate—decedents Estates)

California

DE-221

Ask the court to decide that all or part of a deceased person’s estate does not have to go through the probate process because it belongs to the deceased person’s spouse or domestic partner.

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Spousal Or Domestic Partner Property Order (Probate—decedents Estates)

California

DE-226

States the courts decision (order) about whether all or part of a deceased person’s estate does not have to go through the probate process because it belongs to the deceased person’s spouse or domestic partner.

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Report Of Sale And Petition For Order Confirming Sale Of Real Property

California

DE-260

A personal representative of the estate, conservator, or guardian uses this to tell the court about the sale of real property in an estate, guardianship of the estate, or conservatorship case and ask the court to confirm the sale.

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Order Confirming Sale Of Real Property

California

DE-265

States the court's decision (order) whether to confirm the sale of real property in an estate, guardianship of the estate, or conservatorship case.

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Ex Parte Petition For Authority To Sell Securities And Order

California

DE-270

A personal representative of the estate, conservator, or guardian uses this to ask the court to approve, without a hearing, the sale of securities in an estate, guardianship of the estate, or conservatorship case. Can also be used by the court to state its decision (order) approving the sale.

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Ex Parte Petition For Approval Of Sale Of Personal Property And Order

California

DE-275

A personal representative of the estate, conservator, or guardian uses this to ask the court for permission, without holding a hearing, to sell personal property in an estate, guardianship of the estate, or conservatorship case. Can also be used by the court to state its decision (order) approving the sale.

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Ex Parte Petition For Final Discharge And Order

California

DE-295

A personal representative of the estate, conservator, or guardian uses this to tell the court that all property in an estate, guardianship of the estate, or conservatorship case has been distributed, transferred or sold according to the court's prior orders and to ask the court to order, without holding a hearing, that the person is no longer (is discharged from being) the personal representative of the estate, conservator, or guardian. Can also be used by the court to state its decision (order) approving the discharge of the personal representative of the estate, conservator, or guardian.

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Affidavit Re Real Property Of Small Value ($55,425 Or Less)

California

DE-305

Make a sworn statement to the court that the value of all real property in California in a deceased person’s estate is $55,425 or less.

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Petition To Determine Succession To Real Property (Estates Of $166,250 Or Less)

California

DE-310

Make a sworn statement to the court that the value of all the property in California in a deceased person’s estate is $166,250 or less and ask the court, without going through the probate process, to decide that you (and anyone else making the request) should get the deceased person’s real property because you are a beneficiary in the deceased person’s will or an heir of a the person who died without a will. Can also be used to ask the court for the deceased person’s personal property.

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Order Determining Succession To Real Property (Estates Of $166,250 Or Less)

California

DE-315

States the court’s decision (order) that the value of all the property in California in a deceased person’s estate is $166,250 or less, the estate does not have to go through the probate process, and that the deceased person’s real property belongs to those who filed a Petition to Determine Succession to Real Property (Estates of $166,250 or Less) (DE-310). Can also be used to order that the deceased person’s personal property belongs to the petitioners.

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Petition For Appointment Of Guardian Ad Litem—probate

California

DE-350

Ask the court to appoint an adult to represent the best interests of a child to the court in a probate case.

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Order Appointing Guardian Ad Litem—probate

California

DE-351

States the court's decision (order) to appoint an adult to represent the best interests of a child in a probate case.

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Petition For Appointment Of Guardian Ad Litem—probate

California

GC-100

Ask the court to appoint an adult to represent the best interests of a child to the court in a probate case.

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Order Appointing Guardian Ad Litem—probate

California

GC-101

States the court's decision to appoint an adult to represent the best interests of a child in a probate case.

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Guardianship Pamphlet

California

GC-205

Gives you basic information about probate guardianships for children. It includes helpful information about court procedures and duties of guardians.

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Duties Of Guardian (Probate)

California

GC-248

Explains the duties and responsibilities of a person appointed as guardian of a person or an estate and must be signed to prove the guardian received a copy.

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Petition For Appointment Of Probate Conservator

California

GC-310

Ask the court to appoint a conservator of the person or the estate. This form can also be used to ask the court to appoint a new person to be the conservator in an existing case.

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Citation—probate

California

GC-322

Give notice to other parties that there will be a hearing.

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Order Appointing Probate Conservator

California

GC-340

States the court's decision to appoint a conservator.

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A Probate Guide for Your State

Looking for probate and estate settlement guidance?

Most people don’t realize that probate processes & rules vary from state to state, sometimes even county to county. Click below to view the Atticus Beginner's Guide to Probate.

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