California Probate Form DE-111

Petition For Probate

Everything you need to know about California Form DE-111, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related CA probate forms.

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About Petition For Probate

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Probate is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

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.

View Form DE-111

CA Form DE-111, which may also referred to as Petition For Probate, is a probate form in California. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Petition For Probate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Probate:

  • This form pertains to the State of California

  • The official California source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about ’s Form DE-111 - Petition For Probate up to date, certain details can change from time-to-time with little or no communication.

How to file Form DE-111

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form DE-111, take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form DE-111 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form DE-111 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Probate to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Petition For Probate is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit DE-111 as quickly as possible:

  1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form DE-111, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form DE-111 Online

Petition For Probate is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form DE-111 - Petition For Probate f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Petition For Probate is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

View Form DE-111

CA Form DE-111, which may also referred to as Petition For Probate, is a probate form in California. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form DE-111 - Petition For Probate is a probate form in California.

  • 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.

  • California has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in California.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in California, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Petition For Probate

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.

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form DE-111

Here’s the text, verbatim, that is found on California Form DE-111 - Petition For Probate. You can use this to get an idea of the context of the form and what type of information is needed.

requests that be appointed c. d.(1) (2) (3) Form Adopted for Mandatory Use Judicial Council of California DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE (Probate—Decedents Estates) Probate Code, §§ 8002, 10450; www.courts.ca.gov Page 1 of 4 3. (1) (2) (3) (4) 1. 2. a. b. a. b. and Letters issue upon qualification. (2) (1) a. c. Publication will be in (specify name of newspaper): Publication requested. Publication to be arranged. Petitioner (name each): decedent's will and codicils, if any, be admitted to probate. (name): executor administrator with will annexed administrator special administratorwith general powers fulllimited authority bond not be required for the reasons stated in item 3e. bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob. Code, § 8482.) $ in deposits in a blocked account be allowed. Receipts will be filed. $ (Specify institution and location): Decedent died on (date):at (place): a resident of the county named above. a nonresident of California and left an estate in the county named above located at (specify location permitting publication in the newspaper named in item 1): Street address, city, and county of decedent's residence at time of death (specify): be granted to administer under the Independent Administration of Estates Act. SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: FOR COURT USE ONLY DE-111 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE:ZIP CODE:CITY: STREET ADDRESS: FIRM NAME: NAME: STATE BAR NO.: TELEPHONE NO.:FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): ESTATE OF (name): DECEDENT CASE NUMBER: PETITION FOR Probate of Probate of Letters of Administration Letters of Special Administrationwith general powers Authorization to Administer Under the Independent Administration of Estates Act with limited authority Lost Will and for Letters Testamentary Lost Will and for Letters of Administration with Will Annexed HEARING DATE AND TIME: DEPT.: b. Decedent was a citizen of a country other than the United States (specify country): . (specify for each): Appointment of personal representative (check all applicable boxes): Appointment of administrator: g. Appointment of executor or administrator with will annexed:(1) (2) e.(1) f. Character and estimated value of the property of the estate (complete in all cases): d. Personal property: Annual gross income from (a)real property: (b)personal property: Subtotal (add (1) and (2)): (1) (2) (3) (a) (b) (c) (a) (b) (c) (d) (2) 3. Total (add (3) and (6)): (5) (3) (4) Gross fair market value of real property: (4) Net value of real property: (Less) Encumbrances:) $ $ ( (7) (3) (1) (2) Proposed personal representative is a h. (1) (2) (3) (4) $ $ $ $ $ $ Will waives bond.Special administrator is the named executor, and the will waives bond. All beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment 3e(2).) All heirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).) Sole personal representative is a corporate fiduciary or an exempt government agency. Decedent died intestate. Copy of decedent's will dated:codicil dated The will and all codicils are self-proving (Prob. Code, § 8220). Proposed executor is named as executor in the will and consents to act. No executor is named in the will. Proposed personal representative is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(1)(c).) Other named executors will not act because ofdeathdeclination other reasons (specify): Continued in Attachment 3g(1)(d). Petitioner is a person entitled to Letters. (If necessary, explain priority in Attachment 3g(2)(a).) Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(2)(b).) Petitioner is related to the decedent as (specify): Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 3g(3).) resident of California. nonresident of California (specify permanent address): resident of the United States. Proposed personal representative would be a successor personal representative. (4) (3)The original of the will and/or codicil identified above has been lost. (Affix a copy of the lost will or codicil or a written statement of the testamentary words or their substance in Attachment 3f(3), and state reasons in that attachment why the presumption in Prob. Code, § 6124 does not apply.) are affixed as Attachment 3f(2). (Include typed copies of handwritten documents and English translations of foreign- language documents.) nonresident of the United States. CASE NUMBER: ESTATE OF (name): DECEDENT DE-111 DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE (Probate—Decedents Estates) Page 2 of 4 (6) Decedent survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, § 6454.) (Complete only if no spouse or issue survived decedent.) (1) (Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no spouse, registered domestic partner, or issue. (Check the first box that applies): 6. h. Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8)) (5) 4. (a) (b) (a) (b) 7. 5. (3) (4) (1) (2) (6) (7) (8) b. a. b. c. d. e. f. g. (2) (3) a. b. (a) (b) (c) (d) (e) Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether living or deceased; (2) all persons named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the trustee and personal representative are the same person. Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act. spouse. no spouse as follows: divorced or never married. spouse deceased. registered domestic partner. no registered domestic partner. (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.) child as follows: natural or adopted. natural adopted by a third party. no child. issue of a predeceased child. no issue of a predeceased child. was was not Decedent was survived by a parent or parents who are listed in item 8. Decedent was survived by issue of deceased parents, all of whom are listed in item 8. Decedent was survived by a grandparent or grandparents who are listed in item 8. Decedent was survived by issue of grandparents, all of whom are listed in item 8. Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. Decedent was survived by next of kin, all of whom are listed in item 8. Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of whom are listed in item 8. Decedent was survived by no known next of kin. Decedent had no predeceased spouse. Decedent had a predeceased spouse who died not more than 15 years before decedent and who owned an interest in real property that passed to decedent, died not more than five years before decedent and who owned personal property valued at $10,000 or more that passed to decedent, (If you checked (1) or (2), check only the first box that applies): Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8. Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8. Decedent was survived by next of kin of the decedent, all of whom are listed in item 8. Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8. neither (1) nor (2) apply. CASE NUMBER: ESTATE OF (name): DECEDENT DE-111 DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE (Probate—Decedents Estates) Page 3 of 4 a. 8. 9. * (Signatures of all petitioners are also required. All petitioners must sign, but the petition may be verified by any one of them (Prob. Code, §§ 1020, 1021; Cal. Rules of Court, rule 7.103).) Name and relationship to decedent AgeAddress 8. (SIGNATURE OF ATTORNEY ) * I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (SIGNATURE OF PETITIONER) (SIGNATURE OF PETITIONER) Continued on Attachment 8. Number of pages attached: Date: (TYPE OR PRINT NAME OF ATTORNEY ) (TYPE OR PRINT NAME OF PETITIONER) Signatures of additional petitioners follow last attachment. CASE NUMBER: ESTATE OF (name): DECEDENT DE-111 DE-111 [Rev. July 1, 2017] PETITION FOR PROBATE (Probate—Decedents Estates Page 4 of 4 Date: (TYPE OR PRINT NAME OF PETITIONER)

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