Petition for Letters of Administration - California

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

California requires the use of official Judicial Council form DE-111 (Petition for
Probate) for petitions for letters of administration. This template provides the
substantive legal content to help you prepare — but you must transfer your content to the
official form before filing. The official form is available at
https://selfhelp.courts.ca.gov/jcc-form/DE-111.
Do not file this document directly with the court.

PETITION FOR LETTERS OF ADMINISTRATION

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY]

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction
5. Heirs at Law
6. Grounds for Administration
7. Prayer for Relief
8. Verification
9. Certificate of Service

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

Case No.: [____________________________________]

Hearing Date: [__/__/____] Time: [____] Dept.: [____]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], California [ZIP CODE]
County of Residence: [COUNTY]
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION

a. The Decedent was domiciled in [COUNTY] County, California at the time of death, establishing venue per Cal. Prob. Code § 7051.

b. The Decedent died on [__/__/____].

c. The Decedent died intestate (without a valid Last Will and Testament).

d. ☐ Petitioner has made a diligent search and is unaware of any will or codicil of the Decedent.

e. ☐ The estimated value of the estate exceeds the threshold for small estate procedures under Cal. Prob. Code § 13100 ($208,850 for deaths on or after April 1, 2025; $184,500 for deaths April 1, 2022–March 31, 2025; adjusted every three years under § 890).

f. ☐ No prior petition for probate has been filed in this or any other court.

5. HEIRS AT LAW

The heirs at law under California intestate succession (Cal. Prob. Code § 6400 et seq.):

☐ Decedent had a registered domestic partner: [NAME]

6. GROUNDS FOR ADMINISTRATION

a. The Decedent died possessed of property in California requiring administration.

b. Character and estimated value of estate property:

Total Estimated Estate Value: $[________________]

c. Petitioner has priority for appointment under Cal. Prob. Code § 8461 as [STATE PRIORITY BASIS].

d. Petitioner requests:
☐ Letters of Administration (intestate estate)
☐ Full authority under the Independent Administration of Estates Act (Cal. Prob. Code § 10400 et seq.)
☐ Limited authority under IAEA

e. Bond:
☐ Petitioner will furnish bond as required by Cal. Prob. Code § 8480
☐ Petitioner requests waiver of bond (Cal. Prob. Code § 8481)
☐ Bond with personal sureties
☐ Bond with corporate surety

Estimated amount of bond: $[________________]

7. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests:

a. The Court set a hearing on this Petition;

b. The Court determine that the Decedent died intestate;

c. The Court appoint Petitioner as Administrator;

d. Letters of Administration be issued to Petitioner;

e. Full (or limited) authority under IAEA be granted;

f. Bond be fixed in an appropriate amount or waived;

g. Such other relief as the Court deems proper.

8. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], California.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

9. CERTIFICATE OF SERVICE / NOTICE

Notice of Hearing: Prepare and use mandatory Judicial Council Form DE-121 (Notice of Petition to Administer Estate) for the notice required by Cal. Prob. Code § 8100 et seq. Complete both mailing and publication; courthouse posting does not replace either requirement (§§ 8110, 8120):

☐ Mailed notice at least 15 days before the hearing (Cal. Prob. Code § 8110)
☐ Published notice in [NEWSPAPER NAME], a newspaper of general circulation (Cal. Prob. Code § 8120)
☐ Proof of service by mail on Form DE-121 completed and filed

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
California State Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Judicial Council Form DE-111 (Petition for Probate)
☐ Judicial Council Form DE-121 (Notice of Petition to Administer Estate), with proof of mailing and publication
☐ Signed Judicial Council Form DE-147 (Duties and Liabilities of Personal Representative; acknowledgment filed before letters issue)
☐ Form DE-147S, separate from DE-147, only if the court's local rule requires it
☐ Certified copy of Death Certificate
☐ Bond, or signed Form DE-142 waivers from all persons eligible to receive an estate share if requesting waiver under Cal. Prob. Code § 8481; court approval is required
☐ Proof of Publication (Cal. Prob. Code § 8120)
☐ Proof of Mailing Notice of Hearing
☐ Proposed Order for Probate (Form DE-140)
☐ Proposed Letters of Administration (Form DE-150)
☐ Filing fee payment