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Probate Petition

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PETITION FOR PROBATE (Probate—Decedents Estates)

DE-111 [Rev. July 1, 2017]

ATTORNEY OR PARTY WITHOUT ATTORNEY:

FIRM NAME:

STREET ADDRESS:

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (name):

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (name):

CASE NUMBER:

DECEDENT

PETITION FOR

Probate of

Probate of

Letters of Administration

Letters of Special Administration with 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

1. Publication will be in (specify name of newspaper):

Publication requested.

Publication to be arranged.

2. Petitioner (name each):

requests that

decedent's will and codicils, if any, be admitted to probate.

b. (name):

executor

administrator with will annexed

administrator

special administrator with general powers

and Letters issue upon qualification.

full limited authority be granted to administer under the Independent Administration of Estates Act.

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.

in deposits in a blocked account be allowed. Receipts will be filed.

3. a. 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):

b. Decedent was a citizen of a country other than the United States (specify country):

c. 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.

3. d. Character and estimated value of the property of the estate (complete in all cases):

Personal property: $

Annual gross income from

(a) real property: $

(b) personal property: $

Subtotal (add (1) and (2)): $

Gross fair market value of real property: $

(Less) Encumbrances: ($ )

Net value of real property: $

Total (add (3) and (6)): $

3. e.

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.

All heirs at law are adults and have waived bond.

Sole personal representative is a corporate fiduciary or an exempt government agency.

3. f.

Decedent died intestate.

Copy of decedent's will dated:

codicil dated

The will and all codicils are self-proving.

The original of the will and/or codicil identified above has been lost.

3. g. Appointment of personal representative (check all applicable boxes):

(1) Appointment of executor or administrator with will annexed:

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.

Other named executors will not act because of death declination

Continued in Attachment 3g(1)(d).

(2) Appointment of administrator:

Petitioner is a person entitled to Letters.

Petitioner is a nominee of a person entitled to Letters.

Petitioner is related to the decedent as:

Appointment of special administrator requested.

Proposed personal representative would be a successor personal representative.

3. h. Proposed personal representative is a

resident of California.

nonresident of California (specify permanent address):

resident of the United States.

nonresident of the United States.

4. Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act.

5. a. Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))

spouse.

no spouse as follows:

divorced or never married.

spouse deceased.

registered domestic partner.

no registered domestic partner.

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.

Decedent was survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier.

6. (Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue, or (2) no spouse, registered domestic partner, or issue. Check the first box that applies):

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.

7. (Complete only if no spouse or issue survived decedent.)

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,

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.

8. Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known or reasonably ascertainable by petitioner, of all applicable persons.

9. Name and relationship to decedent Age Address

Continued on Attachment 8.

Number of pages attached:

Date:

(TYPE OR PRINT NAME OF ATTORNEY)

(SIGNATURE OF ATTORNEY) *

* (Signatures of all petitioners are also required. All petitioners must sign, but the petition may be verified by any one of them.)

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 OF PETITIONER)

(TYPE OR PRINT NAME OF PETITIONER)

(SIGNATURE OF PETITIONER)

(SIGNATURE OF PETITIONER)

Signatures of additional petitioners follow last attachment.

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What a Probate Petition Is and when it starts court supervision

Probate Petition is the formal legal document filed with a county probate court to open a decedent’s estate, name a personal representative, and request authority to administer assets according to law. It summarizes the decedent’s death, lists heirs and known assets, and asks the court to issue letters testamentary or letters of administration. The petition starts the probate case, notifies interested parties, and defines the scope of court supervision. Requirements and formats vary by state, but the core purpose is consistent: establish authority to collect, manage, and distribute estate property under applicable state probate code.

Why filing the Probate Petition matters for estate administration

A Probate Petition authorizes a named representative to manage estate affairs, resolve creditor claims, and transfer assets to beneficiaries under court supervision. Filing it ensures legal title can be cleared, beneficiaries are notified, and distributions occur in compliance with state probate statutes.

Why filing the Probate Petition matters for estate administration

Who typically prepares or signs a Probate Petition

Executors, administrators, surviving spouses, named beneficiaries, and attorneys frequently draft or file the Probate Petition in court.

  • Personal representative (executor or administrator) files the petition and manages estate administration.
  • Surviving spouse or heir who may petition or object to appointment and distributions.
  • Probate attorney prepares documents, ensures statutory compliance, and represents the estate in court.

Courts may require additional parties to be served; local rules and state statutes determine notice and filing obligations.

Typical filers and professionals involved

Family Member

A family member acting as petitioner typically provides death certificate, asset inventory, and contact information for heirs. They must accurately list known creditors and property values; errors can delay probate or increase court scrutiny. Courts expect clear documentation and timely filings.

Attorney

An attorney or probate practitioner drafts the petition, prepares notices, advises on statutory forms and deadlines, and represents the estate at hearings. They verify evidentiary support for claims and can expedite probate through accurate filings and procedural compliance.

Security and compliance considerations for electronic probate documents

Encryption in transit: TLS 1.2 and TLS 1.3
Encryption at rest: AES-256 encryption of stored documents
Audit trail: Detailed tamper-evident signing history
HIPAA compliance: BAA available for covered entities
Standards certs: SOC 2 Type II and ISO 27001
ESIGN & UETA: Compliant with ESIGN and UETA statutes

Essential elements to include in a professional Probate Petition

A professional Probate Petition presents clear decedent details, asset summaries, heir lists, legal authority sought, and supporting affidavits to meet court requirements and aid efficient estate administration.

Decedent Information

Provide full legal name, date of death, last address, and place of death. Include death certificate attachment and any aliases or previous names to prevent identity or title disputes during probate.

Petitioner Details

Identify the petitioner with legal name, relationship to decedent, address, and contact information. State whether petitioner is nominated in a will or seeking appointment by intestacy and include supporting proof.

Asset Inventory

List real property, bank accounts, securities, retirement plans, life insurance, and personal property. Provide estimated values, account numbers, and document copies such as deeds, statements, and title certificates when available.

Heirs and Beneficiaries

Name all known heirs, devisees, and beneficiaries with addresses and relationship. Specify intestate heirs if no will exists and include any known predeceased beneficiaries and substitute beneficiary designations.

Claims and Creditors

Describe known debts, mortgages, liens, and pending claims. Provide creditor names, amounts owed, and proposed methods for notice and resolution to satisfy or dispute claims per state law.

Relief Requested

Specify the exact orders sought, such as issuance of letters testamentary, appointment of an administrator, authority to sell property, or approval of specific distributions or settlement plans.

Step-by-step: preparing and filing a Probate Petition

Follow these core steps to prepare and file a Probate Petition with the probate court and begin estate administration efficiently and in compliance with local rules.

  • 01
    Prepare documents: Gather death certificate, will, and asset list.
  • 02
    Complete petition: Fill required forms per county instructions.
  • 03
    File with court: Submit petition and pay filing fee.
  • 04
    Serve notice: Notify heirs, creditors, and interested parties.

Where to file and how submissions are handled

A Probate Petition is filed at the decedent’s county probate court; filing methods, clerks' offices, and accepted submission formats vary by jurisdiction.

  • Local probate court: Primary filing office for petitions and related pleadings.
  • Clerk's office: Clerk accepts filing, collects fees, and issues case number.
  • Electronic filing: Some states permit e-filing of probate pleadings.
  • Mail or in-person: Counties may allow mail, hand-delivery, or in-person submission.

Configuring an online workflow for the Probate Petition

Configure an online petition workflow to collect signer data, attachments, and notarization-ready signatures before submission to the clerk.

Field Configuration
Name fields Use exact legal names; auto-fill options
Date fields Set MM/DD/YYYY and validation rules
Attachments Require death certificate and asset documents
Signature type Enable e-sign or RON where allowed

Technical requirements for eSubmission and eSigning

Electronic submission and signing require platform support for PDF forms, secure uploads, and audit trail capture to meet court and evidentiary needs.

  • Formats supported: PDF, DOCX, HTML accepted
  • Authentication: Email, SMS code, or advanced ID
  • Integrations: Connect to court systems, CMS, cloud storage

Key timelines and deadlines to track in probate

Timing varies widely: initial filing deadlines are immediate after death for some actions, but probate schedules and creditor claim deadlines depend on state statutes and publication rules.

Initial filing:

File promptly to secure appointment and avoid delays.

Creditor claims:

Deadlines often 3–6 months from notice or publication.

Estate inventory:

Courts may require inventory within 60 to 120 days.

Final accounting:

Often due before closing; timing set by judge.

Appeals period:

Statutory deadlines for challenging orders vary by state.

Common preparation mistakes to avoid

  • Incomplete asset lists leading to overlooked property, delayed inventories, and potential challenges from undisclosed heirs; include deeds, account statements, and valuations to reduce discovery issues.
  • Incorrect petitioner identification or mismatched names can cause clerks to reject filings or require amendments; use exact legal names consistent with IDs and prior filings.
  • Failure to serve notice or publish required probate notices results in contested distributions or delayed administration; verify service methods under state statutes before filing.
  • Missing supporting documents, such as death certificate or original will, often triggers continuances and additional court orders; gather certified copies before submission.

Consequences of filing an incorrect or incomplete petition

Delayed Administration: Court continuances and probate delays
Contested Appointments: Increased litigation and attorney costs
Personal Liability: Executor may face surcharge claims
Tax Penalties: Unfiled returns or late claims risk fines
Asset Loss: Unaddressed liens or title defects
Record Rejection: Clerk may refuse filing without corrections

eSignature vendor pricing and capability snapshot for probate workflows

Basic vendor pricing and feature comparison for eSignature solutions commonly used to finalize Probate Petitions and supporting estate documents.

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 Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Probate Petitions and electronic processes

Answers to frequent questions about preparing, filing, and electronically signing Probate Petitions, including jurisdictional considerations and common procedural issues.


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