Establishing secure connection…Loading editor…Preparing document…

Petition for Probate Court

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM UNDER THE PROBATE CODE

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

TELEPHONE NO.

FAX NO.

ATTORNEY FOR (Name):

FOR COURT USE ONLY

NAME OF COURT:

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

IN RE THE MATTER OF:

PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM UNDER THE PROBATE CODE

CASE NUMBER:

EX PARTE

NOTE: This form is for use in proceedings under the Probate Code except for compromise of an action to which a minor or incapacitated person is a party. An individual cannot act as a guardian ad litem unless the individual is an attorney or is represented by an attorney.

1. Petitioner is:

a. Personal representative of the estate of:

b. Guardian of:

c. Conservator of:

d. Trustee of:

e. Other interested person (specify capacity):

2. This petition seeks the appointment of the following person as guardian ad litem (state name, address, and telephone number):

3. The guardian ad litem is to represent the interests of the following person(s) (state name, address, and telephone no.):

4. The person to be represented is:

a. a minor (date of birth):

b. an incapacitated person

c. an unborn person

d. an unascertained person

e. a person whose identity or address is unknown

f. a designated class of persons who are not ascertained or are not in being

5. Appointment of a guardian ad litem arises out of issues regarding:

a. the execution of a disclaimer under Probate Code section 277 (specify details in Attachment 5a).

b. the representation of the interests of a spouse alleged to lack legal capacity (Prob. Code, §§ 3112, 3140) (specify details in Attachment 5b).

c. the consent to modification or termination of trust (Prob. Code, § 15405) (specify details in Attachment 5c).

d. the approval and settlement of claims against a deceased settlor (Prob. Code, § 19029) (specify details in Attachment 5d).

e. the representation of a minor, incapacitated person, or other person identified in Probate Code section 1003(a) in a proceeding under the Probate Code (Prob. Code, § 1003(a)) (specify details in Attachment 5e).

f. other (specify details in Attachment 50).

6. The appointment of a guardian ad litem is:

a. proper because the minor has no guardian of his or her estate

b. necessary for the following reasons (specify details in Attachment 6b).

7. The proposed guardian ad litem's relationship to the person he or she is representing is:

a. related (state capacity):

b. not related (specify capacity):

CASE NUMBER:

8. The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person he or she is representing as explained in Attachment 8 and has no interest adverse to the interests of that person.

9. Notice of this proceeding:

a. should be dispensed with (specify reasons for ex parte request in Attachment 9a).

b. will be given to the parties named in Attachment 9b.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

CONSENT TO ACT AS GUARDIAN AD LITEM

I consent to the appointment as guardian ad litem and I declare under penalty of perjury under the laws of the State of California that the foregoing petition is true and correct.

Date:

(TYPE OR PRINT NAME)

CONSENT OF MINOR TWELVE (12) YEARS OF AGE OR OLDER (Optional)

I, , am (specify age): years of age and hereby nominate to be my guardian ad litem to represent my interests for the reasons set forth in items 5 and 6 of this petition.

Date:

(TYPE OR PRINT NAME)

ORDER

EX PARTE

THE COURT FINDS that

a. All notices required by law have been given.

b. Notice is dispensed with.

2. It is reasonable and necessary to appoint a guardian ad litem for the person named in item 3 of the petition, as hereinabove requested:

THE COURT ORDERS Petitioner is hereby appointed guardian ad litem of for the purposes set forth in items 5 and 6 of the petition.

THE COURT FURTHER ORDERS that

the guardian ad litem is is not authorized to waive or disclaim any substantive rights of the represented party without further order of this court.

Date:

SIGNATURE FOLLOWS LAST ATTACHMENT

DE-350, GC-100 [New January 1, 2000] Page two
Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What a Petition for Probate Court Is and When it Applies

A Petition for Probate Court is a formal filing that asks a court to open an estate proceeding after a person dies, admit a will if one exists, and appoint a personal representative or administrator. The petition starts the probate case, provides basic information about the decedent and heirs, lists known assets and liabilities, and requests authority to manage estate administration, pay debts, and distribute property to beneficiaries under applicable state law.

Why Filing a Proper Petition Matters

Filing a clear, complete petition preserves estate property, triggers the court’s authority to appoint a representative, and starts statutory notice and creditor timelines. A professionally completed petition reduces delays, limits personal liability for the representative, and helps ensure distributions follow the decedent’s intent and state law.

Why Filing a Proper Petition Matters

Who Typically Prepares a Petition for Probate Court

Work with local counsel if the estate is complex, contested, or includes out-of-state property to ensure proper venue and service.

  • Individual petitioner or family member petitioning to become administrator or executor
  • Estate planning or probate attorney preparing pleadings and filings for court review
  • Bank or trust company acting as professional fiduciary and filing to accept appointment

Common Signers and Their Roles

Petitioner

The person filing the petition to open probate (often an executor or heir). The petitioner provides the court with the decedent’s basic facts, contact information, and any known beneficiaries, and may be appointed as the estate’s personal representative if the court so orders.

Attorney

A licensed probate attorney typically drafts the petition, reviews asset schedules and creditor notices, and represents the estate at hearings. Attorneys help meet state filing requirements and reduce the chance of procedural defects that could delay administration.

Essential Elements to Include in a Professional Petition for Probate Court

A strong petition organizes the case facts, identifies interested persons, states assets and liabilities, and requests specific court orders. Use clear language and attach supporting exhibits such as the death certificate and copies of the will.

Case Caption

Complete county and court name, estate caption, decedent name, and proposed estate docket title so the clerk can properly assign the case.

Decedent Details

Full legal name, last residence, date of death, and any known aliases to avoid confusion and ensure accurate records and notice.

Will and Codicils

State whether a will exists and attach a copy. If the will is lost, state facts explaining loss and request alternative proof if permitted.

Petitioner Statement

Identify petitioner, relationship to decedent, and basis for appointment (executor named in will or heir seeking administration).

Asset Summary

Summarize known estate assets and approximate values so the court can decide bond, notices, and whether simplified probate applies.

Relief Requested

Specify requested orders: admit will, appoint representative, permit inventory and payment of debts, and issue Letters Testamentary or Letters of Administration.

Step-by-Step: Completing a Petition for Probate Court

Follow these basic steps to prepare and file a typical probate petition; local probate rules may add requirements.

  • 01
    Prepare Petition: Draft petition with decedent facts and relief requested.
  • 02
    Attach Documents: Include death certificate, will, and asset summary.
  • 03
    File With Clerk: Submit petition and pay filing fee to county probate court.
  • 04
    Serve Interested Parties: Provide notice to heirs, beneficiaries, and creditors per local rules.

Where to File and How the Court Process Moves

Proof of venue and clerk procedures vary by county; use the probate clerk’s office in the decedent’s county of domicile to file the petition.

  • Clerk Intake: Clerk assigns a case number and schedules initial hearing.
  • Notice Requirements: Court requires service to heirs and publication when necessary.
  • Bond and Inventory: Court may require bond and a sworn inventory of assets.
  • Letters Issued: Court issues Letters Testamentary or Administration upon appointment.

Typical Timelines and What to Expect After Filing

Timelines vary by jurisdiction; the following are common post-filing expectations and typical scheduling windows to plan for.

Initial Hearing:

Usually scheduled 4–12 weeks after filing in many counties

Letters Issuance:

Often issued within 2–8 weeks after appointment

Creditor Notice Window:

Creditors commonly have 3–6 months to present claims, state-dependent

Inventory Deadline:

Courts frequently require inventory within 60–120 days of appointment

Final Distribution:

Final accounting and distribution often occur 6–18 months, variable

Required Information and Common Fields in the Petition

Decedent Name: Full legal name
Date of Death: MM/DD/YYYY
Social Security: Last four digits commonly requested
Asset List: Major assets and values
Heirs/Beneficiaries: Names and relationships
Petitioner Info: Contact and address

Common Preparation Mistakes to Avoid

  • Leaving out the death certificate or attaching an unsigned will often causes immediate rejection or delays at intake.
  • Listing incomplete asset information or underestimating liabilities can lead to creditor claims and require supplemental filings.
  • Using inconsistent names or incorrect dates between the petition and supporting documents prompts identity verification questions from the court clerk.
  • Failing to serve or properly publish notice to interested parties can reopen a closed estate and expose representatives to liability.

Consequences of an Incomplete or Incorrect Petition

Probate Delay: Administration postponed
Creditor Claims: Unexpected liabilities
Personal Liability: Representative may be liable
Increased Costs: Additional filings and attorney time
Case Dismissal: Petition may be denied
Estate Loss: Assets may be diminished

Practical Tips for Accurate and Efficient Completion

Adopt consistent document naming, use checklists, and verify identity details before filing to reduce back-and-forth with the clerk and speed administration.

Verify Names and Dates
Cross-check the decedent’s full legal name, aliases, and date of death against the death certificate and the will. Consistency prevents identity questions and eases asset title transfers.
Assemble Supporting Documents
Attach the original will when possible, provide certified death certificate copies, and include bank statements or property records that substantiate the asset summary to support credible valuation.
Use Clear Exhibits
Label exhibits and paginate the petition package. Provide an index and exhibit list so the clerk and judge can quickly locate the will, inventory, bond documents, and notices.
Confirm Service Rules
Follow the court’s local rules for serving heirs and creditors, and obtain proof of service to file with the court; improper service can invalidate later actions.

Digital Filing, eSigning, and Technical Considerations

Many courts accept uploaded PDFs and require notarized or witnessed signatures for probate documents—confirm the local court’s e-filing and e-signature policies before submitting.

  • File Formats: PDF and DOCX accepted
  • Authentication: Email, SMS code, or stronger
  • Integrations: Works with common case management

Comparing eSignature Vendors for Probate Petitions

When selecting an eSignature provider for probate-related filings, compare starting price, trial availability, bulk send, audit trail, HIPAA compliance, and envelope limits to match workflow and security needs.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the Petition for Probate Court

Answers to common questions help reduce filing errors and clarify next steps when preparing or submitting a probate petition.


Need help? Contact support

Explore Templates

Virginia Marital Separation and Property Settlement Agreement Short Sale Addendum to Contract for Purchase and Sale of Real Estate Agreement Among Beneficiaries to Terminate Trust
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.