California Probate Form DE-166

Waiver Of Notice Of Proposed Action

Everything you need to know about California Form DE-166, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related CA probate forms.

(202 ratings)
Hand holding a pen filling out the form
Purple Circle Background

About Waiver Of Notice Of Proposed Action

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.

Waiver Of Notice Of Proposed Action 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:

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.

Atticus Fast Facts About Waiver Of Notice Of Proposed Action

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Waiver Of Notice Of Proposed Action:

  • This form pertains to the State of California

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 California’s Form DE-166 - Waiver Of Notice Of Proposed Action up to date, certain details can change from time-to-time with little or no communication.

How to file Form DE-166

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-166, 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-166 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-166 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 Waiver Of Notice Of Proposed Action 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?

Atticus DIY Probate & Estate Settlement App Image

Sponsored by Atticus App

Need help with California Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

When Waiver Of Notice Of Proposed Action 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-166 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-166, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form DE-166 Online

Waiver Of Notice Of Proposed Action 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-166 - Waiver Of Notice Of Proposed Action 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.

Waiver Of Notice Of Proposed Action 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.

Purple Lightbulb Icon

Did you know?

  • Form DE-166 - Waiver Of Notice Of Proposed Action is a probate form in California.

  • 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.

  • 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 Waiver Of Notice Of Proposed Action

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.

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-166

Here’s the text, verbatim, that is found on California Form DE-166 - Waiver Of Notice Of Proposed Action. You can use this to get an idea of the context of the form and what type of information is needed.

1. a. 2. I understand I have the right to receive notice of certain actions the personal representative may propose to take. I understand that those actions may affect my interest in the estate. Form Adopted by the Judicial Council of California DE-166 [Rev. January 1, 1998] Probate Code, §§ 10583, 10584 WAIVER OF NOTICE OF PROPOSED ACTION (Probate) b. SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: BRANCH NAME: CITY AND ZIP CODE: ESTATE OF (Name): DECEDENT WAIVER OF NOTICE OF PROPOSED ACTION (Probate Code section 10583) (Revocation of Waiver) FOR COURT USE ONLY CASE NUMBER: DE-166 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): TELEPHONE AND FAX NOS.: ATTORNEY FOR (Name): WARNING A. The law requires the personal representative to give you notice of certain actions he or she proposes to take to administer the estate. If you sign this form, the personal representative will NOT have to give you notice. B. You have the right (1) to object to a proposed action and (2) to require the court to supervise the proposed action. If you do not object before the personal representative acts, you lose your right and you cannot object later. READ BEFORE YOU SIGN C. IF YOU SIGN THIS FORM, YOU GIVE UP YOUR RIGHT TO RECEIVE NOTICE. This means you give the personal representative the right to take actions concerning the estate without first giving you the notice otherwise required by law. You cannot object after the action is taken. D. You have the right to revoke (cancel) this waiver at any time. Your revocation must be in writing and is not effective until it is actually received by the personal representative. (A form to revoke your waiver is on the reverse. You may want to revoke this waiver later. Keep a copy of this form so you can.) E. If you do not understand this form, ask a lawyer to explain it to you. WAIVER OF RIGHT TO NOTICE I understand that the personal representative named here has authority to administer the estate of the decedent without court supervision under the Independent Administration of Estates Act (California Probate Code sections 10400-10592). (name): (address): (Mail or deliver notices to the personal representative at this address.) 3. I understand that by signing this waiver form I give up my right to receive notices from the personal representative of actions he or she may decide to take. (Continued on reverse) By signing below, I WAIVE MY RIGHT to receive prior notice of (CHECK ONLY ONE BOX to indicate your choice): a. (SIGNATURE) DE-166 [Rev. January 1, 1998] WAIVER OF NOTICE OF PROPOSED ACTION (Probate) Page two See Attachment 4. My address is (type or print): Date: DECEDENT ESTATE OF (Name): CASE NUMBER: 4. (TYPE OR PRINT NAME) b. Any of the kinds of transactions I have listed below that the personal representative is authorized to take under the Independent Administration of Estates Act (specify which actions you are waiving your right to receive notice of): Any and all actions the personal representative is authorized to take under the Independent Administration of Estates Act. (SIGNATURE) Date: (TYPE OR PRINT NAME) (Keep a copy for your records.) REVOCATION OF WAIVER OF NOTICE OF PROPOSED ACTION I previously signed a waiver of my right to receive notices of proposed actions by the personal representative under the Independent Administration of Estates Act. 1. I revoke (cancel) any previous waiver of my right to receive notices of proposed actions by the personal representative of the estate of the decedent. 2. I request the personal representative to send me all notices required by law.3. Date: (SIGNATURE) (TYPE OR PRINT NAME) My address is (type or print): (Mail or deliver this revocation to the personal representative at the address in item 1 on the reverse. Keep a copy for your records.) I mailed a copy of the 1. PROOF OF SERVICE BY MAIL Waiver of Notice of Proposed ActionRevocation to the personal representative by depositing placing a copy of the revocation with the United States Postal Service, in a sealed envelope with postage fully prepaid by first-class mail or the envelope for collection and mailing on the date and place below following our ordinary busi- ness practices. I am readily familiar with this business' practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. I am a resident of or employed in the county where the mailing occurred. The envelope was addressed and mailed as follows:2. a. b. Name of personal representative served: Address on envelope: Date of mailing:c. Place of mailing (city and state): d. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Print this formSave this formClear this form For your protection and privacy, please press the Clear This Form button after you have printed the form.

Get Your Probate Forms

Need help finding the rest of your California Probate forms?

Atticus has probate and estate settlement forms for your State.