DE-111: The Only Form You Need to Begin a California Probate
In California, there is only one form required to begin a probate proceeding. This form is entitled DE-111 and is known as a petition for probate. A copy of DE-111 can be found here. While a step-by-step overview of how to fill out the form would take much more than a simple blog post to address, the general information required to complete the form is somewhat straightforward and is covered below.
It should be noted that the court will not open the probate and grant authority to the personal representative (aka executor) until a number of other actions have been completed. These actions include notice of the probate hearing, preparing an order for probate, and providing notice to the estate beneficiaries among other things.
In order to complete a DE-111, the party completing the form must have knowledge of the following factors:
- Basic Information – The decedent’s basic information, such as date of birth and death, address, etc.
- Relatives of the Decedent – The form requires the name, age, and address certain family members of the decedent. This may include distant relatives that are living and deceased.
- Wills and Other Documents – The party completing D-111 will need to know if the decedent left a will or any other estate planning documentation.
- Assets of the Decedent – The DE-111 requires an estimated value of the decedents real and personal property, as well as any mortgages that exist.
- Personal Representative – In order for a probate to commence, the proceedings require a party willing to act as a personal representative and be responsible for the handling of the estate.
This list is not a comprehensive overview of knowledge required to complete a DE-111. There are also a number of legal and other determinations to be made in DE-111. But without knowing the above information, it is not possible to complete a DE-111 and begin the probate process.
