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Jdf 910 2013 Form

hi this is Keith Davidson of Albertson Davidson I wanted to take a minute to walk you through a petition for probate the nice thing is that the petition is a pre-printed form so it looks easy to complete but there are a few tricky parts of it so you need to look through the form very carefully and make sure that you have all the correct information before you file it with the court so let's take a look at a petition for probate and see how you're supposed to complete one first you need to find a petition for probate you can go to our website and click on the blog link at the top once on our blog you can simply scroll down to the topics and choose the probate topic scroll down there's a few different articles that we've posted and here's our blog post on California probate forms you can see that we've listed all of the most common probate forms right here many of them you'll be using throughout the probate process let's start with the petition for probate this is the forum petition for probate this is the form that you're going to use anytime you have to file a probate in California you start off by placing your name in the upper box I'm gonna use the name Bob Smith and because he doesn't have a lawyer he'll be appearing pro per then you put in your address you can also put in your telephone number fax number and email address in our example Bob Smith is representing himself so we'll put his name here as well and then fill in the county where the petition will be filed we'll use Riverside as an example you'll put in the street address of the court which you can find online at the courts website and the mailing address which often is the same address you also put in the branch name of the court again you can find that on the courts website and then we'll fill in the name of the estate this is the name of the decedent and we'll use the name Mary Smith for our example now we have to select the type of partition we are filing the first option is if you have a will the second option is if you have a will but the named executor is not acting the third option is if the decedent died without a will you can also ask for a special administration and you can ask to act with full authority you should check this box even if you're not sure whether the court will grant it just to be on the safe side you'll select the publication will be arranged you'll check if you're going to attach the will there is a little and then you have to type in the name of the person who wants to be appointed as executor in our example it's Bob Smith and we'll say that he is named in the will so he actually will be named executor we're asking that he received full powers and we're asking whether or not he needs to have a bond oftentimes a will will waive a bond so we'll select that option we'll put in the date of death on item number three and the place at which death occurred will then select that the decedent was a resident of this county and then you have to type in the address of the decedent's residence this will allow the court to verify that you've filed your petition in the correct court now it's on to page two this is where you will put an estimate of the property in the estate this does not have to be exact the property will be appraised at a later time this is really just a best-guess so we'll put in a set number of $5,000 for personal property and then we'll estimate the gross income both from real property and any personal property the income from real property would be rental income for example and then we'll total all of those numbers the form also wants to know the estimated value of any real property again this does not have to be appraised at this time we're just using our best guess for purposes of this form and then we total it all up at the very end these numbers are subject to change once the probate opens again we're going to tell the court that the will waives bond if a bond were required we would have to specify that here this is if the decedent died without a will which is called intestate but in our example the decedent died with a will so we'll check that box and we'll put in the date of the will we will then want to check the box if the well has self-proving language you can look at the end of the will and see if it has that language well then say that the executor is named in the will and we'll check that box and we'll also tell the court that the proposed executor is a resident of California if not then we choose the appropriate boxes page 3 is probably the trickiest part of this form this is where we have to tell the court who survived the decedent and our example will say a spouse and will say that there were children that survived the decedent you can see that there's a lot of choices here and you need to check each box that applies next is item number 6 you only choose any of these items if the decedent died with a spouse but no issue you only have to complete item number 7 if there was no spouse and no issue on the next page you will list each person who survived the decedent in our example there was a life she is an adult and we would put in her address we would also put in the name age and address for each child so our example there's a son and a daughter you don't have to put in the specific page you can just list that they're an adult if you have more people than fit on the form you would check the attachment box and then you put on the number of pages attached which includes the number of pages in the will we then fill in Bob Smith's name since he's appearing as his own attorney and we also put his name as the petitioner this part is important because this form does have to be verified so make sure that this is filled out and signed I know that was a quick overview of the petition for probate but take a look at the petition go through it very carefully go through each item and make sure that you complete every section in every box as long as you include as much information as possible you'll be just fine then you can file the petition with the court and hopefully have it approved you can find the other forms you'll need to file along with your petition for probate at our website wwlp.com