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What to do when someone dies - the 2025 checklist

Learn what it is, the terms, and what the next few months will look like. We cover everything from qualifying to inventorying and closing.

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The beginner's guide to Probate

Being an executor involves a whole host of responsibilities that take an average of 500 hours and often last well over a year.

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Probate

Order On Report And Petition For Distribution

Petition For Distribution

Petition For Small Estate Set Aside

Receipt From Distributee

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.

Information On Appeal Procedures For Unlimited Civil Cases

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).

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

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.

Preliminary Change Of Ownership Report

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.

Petition For Probate

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).

Waiver Of Bond By Heir Or Beneficiary

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.

Notice Of Hearing On Petition To Determine Claim To Property

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.

Notice Of Hearing—decedent's Estate Or Trust

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).

Attachment To Notice Of Hearing Proof Of Service By Mail

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).

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

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)).

Attachment To Notice Of Hearing Proof Of Personal Service

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.

Notice Of Petition To Administer Estate

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).

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

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).

Citation—probate

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.

Summons (Probate)

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.

Proof Of Subscribing Witness

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.

Proof Of Holographic Instrument

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.

Order For Probate

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).

Duties And Liabilities Of Personal Representative

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.

Confidential Supplement To Duties And Liabilities Of Personal Representative

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.

Letters

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.

Request For Special Notice

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.

Notice Of Administration To Creditors

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

Inventory And Appraisal

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).

Inventory And Appraisal Attachment

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.

Notice Of Proposed Action (Objection-consent)

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.

Waiver Of Notice Of Proposed Action

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.

Creditor's Claim

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.

Allowance Or Rejection Of Creditor's Claim

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

Order Prescribing Notice

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.

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

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.

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

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.

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

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

Order Confirming Sale Of Real Property

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.

Ex Parte Petition For Authority To Sell Securities And Order

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.

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

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.

Ex Parte Petition For Final Discharge And Order

Affidavit For Collection Of Personal Property

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.

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

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.

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

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.

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

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

Petition For Appointment Of Guardian Ad Litem—probate

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

Order Appointing Guardian Ad Litem—probate

Dmv - Statement Of Facts

Dmv - Affidavit For Transfer Without Probate California Titled Vehicle Or Vessels Only

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

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

Guardianship Pamphlet

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.

Duties Of Guardian (Probate)

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.

Petition For Appointment Of Probate Conservator

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

States the court's decision to appoint a conservator.

Order Appointing Probate Conservator

The probate court with controlling jurisdiction is generally in the state and county where one primarily lives.

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Discover definitions, explanations and examples for the words and terms used during estate settlement.

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Ben Hopf

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Contributor Ben Hopf

Losing a loved one isn't just hard emotionally, it also means filling out a ton of forms & paperwork. Here's what to do next.

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What To Do When Someone Dies - Atticus checklist

What To Do when Someone Dies - The 2025 Checklist

 Uniform Trust Decanting Act (UTDA)

The Uniform Trust Decanting Act Atticus App Glossary Ben Hopf

 Uniform Trust Decanting Act (UTDA) | The Executor's Glossary by Atticus®

The Uniform Trust Decanting Act Definition Atticus Glossary Ben Hopf

Out-of-State Executor

out of estate Atticus App Glossary Nathan Phelps

Out-of-state executors are just like what they sound like: executors who live outside of the state where the relevant probate court is located. 

Out-of-State Executor | The Executor's Glossary by Atticus®

Out-of-state executors are any executors, executrices, or personal representatives living in a state outside of the one they are serving in. 

out of estate Definition Atticus Glossary Nathan Phelps

California Probate Forms

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