Finally, let's go over the step-by-step process of filing a petition for probate in California.
1. Obtain the Necessary Documents
First, you need to obtain Form DE-111. You can print off California courtroom’s official form, or you can obtain the official form from your local courthouse.
2. Fill Out Form DE-111
Next, you need to completely fill out the form. In the first box, you’ll list out your personal information since you’re the petitioner who is seeking out to become the appointed representative. In the “Attorney For” box, you can list “self-represented” if you don’t plan on hiring an attorney.
Next, list out the address of the superior court where you’ll take the form. This will be the courtroom that’s located in the same county the deceased personally resided in.
Next, you need to list out the deceased’s information and check off whether they had a will or no will.
Finally, you’ll need to answer a series of questions regarding the death publication, potential petitioners, surviving relatives, and more. Once complete, you’ll sign and date the form.
3. File Your Probate Petition and Lodge The Will With Your Local Court
After filling out the form, you need to bring it to the court where the deceased permanently resided prior to their passing. Officially file and lodge the original will along with form DE-111.
4. Notify the Relevant Parties With Form DE-121
Next, fill out Form DE-121. This form will help you officially provide notice to all interested parties so that they will be kept in the loop regarding the probation hearing. Notice must be given by providing an official copy of the notice to interested parties via first class mail or in-person at least 5 days prior to the hearing.
Do You Have More Probate Questions?
Once you’ve gone through these four steps, you will have officially petitioned the court to begin the probate process. You also will have officially notified all of the parties you need to.
From there, you can rest easy and wait for the court to notify you regarding what comes next. If you are the executor, then you’ll have more work to do once you’ve finished the petition.
You’ll want to start handling the bills and debts associated with the estate, filing a final income tax return for the deceased, and paying any outstanding taxes. Once these claims are handled, you’ll distribute the remaining assets and close the estate.
Of course, you don’t have to handle all these complicated tasks on your own. Here at ClearEstate, we can help with professional executor services or answer other questions about the probate process that you might have.
Book a free consultation with our team now to learn more about how we can help you through this trying time.