California Probate Petition Filing Checklist

California Probate Petition Filing Checklist

Court: Superior Court of California, County of [________________________________]

Probate Division

Case Number: [________________________________]

Decedent: [________________________________]

Date of Death: [__/__/____]

Petitioner: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Determine Appropriate Proceeding

Estate Value Threshold

☐ Gross estate value: $[________________________________]

Proceeding Type Selection

☐ Full Probate Administration: Estate over $184,500 (as of 2024)
☐ Summary Administration (Probate Code § 13100): Estate $184,500 or less
☐ Small Estate Affidavit (Probate Code § 13100): Personal property $184,500 or less
☐ Spousal Property Petition: All assets pass to surviving spouse

Determining Value

☐ Real property appraised
☐ Personal property valued
☐ Bank accounts tallied
☐ Investment accounts tallied
☐ Life insurance (beneficiary-designated) EXCLUDED from probate
☐ Retirement accounts (beneficiary-designated) EXCLUDED from probate
☐ Trust assets EXCLUDED from probate

II. Venue

☐ County where decedent resided at death
☐ If non-California resident: County where property located
☐ Proper venue determined: [________________________________] County

III. Petition for Probate (DE-111)

Petition Selection

☐ Petition for Probate (DE-111) - with will
☐ Petition for Letters of Administration (DE-111) - no will (intestate)

Petition Contents

☐ Decedent information (name, date of death, residence)
☐ Petitioner information and relationship
☐ Names and addresses of heirs
☐ Estimated value of estate
☐ Whether will exists
☐ Request for:
☐ Probate of will
☐ Letters Testamentary (executor)
☐ Letters of Administration (administrator)
☐ Full authority (IAEA)
☐ Limited authority

Attachments

☐ Original will (if testate)
☐ Codicils (if any)
☐ DE-111(A): Attachment to Petition (list of heirs)

IV. Additional Required Documents

DE-121: Notice of Petition to Administer Estate

☐ Notice to all heirs and beneficiaries
☐ Mailed at least 15 days before hearing
☐ Must be served before hearing

DE-122: Proof of Service by Mail

☐ Completed after service
☐ Filed before hearing

DE-125: Certification of Assignment

☐ Completed if Department assignment required
☐ Check local rules

DE-140: Order for Probate

☐ Proposed order prepared
☐ Leave date blank for court

DE-147: Duties and Liabilities of Personal Representative

☐ Acknowledgment signed by petitioner/executor

DE-150: Letters Testamentary/Administration

☐ Prepared (court will issue after appointment)

Bond Requirements

☐ Bond amount determined
☐ Bond required: ☐ Yes ☐ No
☐ Bond waived by will: ☐ Yes ☐ No
☐ Bond amount: $[________________]

V. Special Forms (If Applicable)

If Minor Heirs

☐ DE-111(A): Guardian information for minors
☐ Consider guardian ad litem

If Requesting IAEA (Full Authority)

☐ Independent Administration of Estates Act
☐ Simplifies administration
☐ Notice to heirs of IAEA request

If Special Administrator Needed

☐ DE-111: Request for Special Administrator
☐ Urgent circumstances documented

VI. Filing Fee

Probate Filing Fee

☐ First paper filing fee: Approximately $435-$540 (varies by county)
☐ Fee paid
☐ Fee waiver requested: ☐ Yes ☐ No

VII. Notice and Publication Requirements

Notice by Mail (Probate Code § 8110)

☐ Notice mailed to all known heirs
☐ Notice mailed to all named beneficiaries
☐ Mailed at least 15 days before hearing
☐ Proof of mailing (DE-122) prepared

Publication of Notice (Probate Code § 8120-8124)

☐ Notice published in newspaper of general circulation
☐ Published once a week for 3 successive weeks
☐ First publication at least 15 days before hearing
☐ Affidavit of publication obtained from newspaper
☐ Filed before or at hearing

Newspaper Selection

☐ Newspaper of general circulation in county
☐ Court-approved newspaper list checked
☐ Publication arranged: [________________________________]

VIII. Hearing

Hearing Date

☐ Hearing scheduled: [__/__/____]
☐ Time: [________________________________]
☐ Department: [________________________________]

Before Hearing

☐ All notices mailed (15+ days before)
☐ Publication completed
☐ Proof of mailing filed (DE-122)
☐ Proof of publication filed
☐ Original will lodged with court

At Hearing

☐ Petitioner appearance (or attorney)
☐ Proposed Order for Probate
☐ Letters prepared
☐ Bond posted (if required)

IX. After Appointment

Duties of Personal Representative

☐ DE-147: Duties and Liabilities reviewed and signed
☐ Letters issued
☐ EIN obtained from IRS
☐ Estate bank account opened
☐ Assets marshaled

Creditor Notice (Probate Code § 9050)

☐ Notice to Creditors published
☐ Known creditors notified directly
☐ Creditor claim period: 4 months from appointment

Inventory and Appraisal

☐ DE-160: Inventory and Appraisal due within 4 months
☐ Probate referee appointed
☐ Assets appraised by referee
☐ Inventory filed with court

X. Administration Timeline

XI. Final Distribution

Petition for Final Distribution

☐ DE-315: Petition for Final Distribution
☐ All debts paid
☐ All taxes paid
☐ Final accounting prepared
☐ Notice to beneficiaries
☐ Court approval obtained

Order for Distribution

☐ DE-250: Order for Final Distribution
☐ Assets distributed per order
☐ Receipts obtained from beneficiaries

Closing the Estate

☐ DE-295: Report of Status
☐ Final receipts filed
☐ Estate closed

XII. Quality Control Checklist

Before Filing

☐ All heirs identified
☐ All assets identified
☐ Will validity confirmed (if testate)
☐ All forms completed accurately
☐ Filing fee ready
☐ Publication arranged

Before Hearing

☐ All notices served/mailed
☐ Publication completed
☐ Proofs of service filed
☐ Bond arranged (if required)
☐ Proposed order ready

XIII. Document Tracking Log

XIV. Key Deadlines

Sources and References

• California Courts Probate Self-Help: https://selfhelp.courts.ca.gov/probate
• California Probate Code: https://leginfo.legislature.ca.gov
• Probate Forms: https://www.courts.ca.gov/forms.htm

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]