Petition for Probate of Will and for Letters Testamentary - 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) to commence probate of a will and to obtain Letters Testamentary. On the form,
check the boxes for "Probate of Will and for Letters Testamentary" and, where
appropriate, for full or limited authority under the Independent Administration of
Estates Act (IAEA), Prob. Code § 10400 et seq. 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 PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY]

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]

Address: [STREET ADDRESS], [CITY], California [ZIP CODE]

County of Residence: [COUNTY]

Telephone: [____________________] Email: [____________________]

Capacity:
☐ Executor named in the Decedent's Will (Cal. Prob. Code § 8420)
☐ Person named as executor who consents to act
☐ Other interested person (Cal. Prob. Code § 8000): [____________________________________]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

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

b. The Decedent was domiciled in [COUNTY] County, California, at the time of death; venue is proper in this county pursuant to Cal. Prob. Code § 7051.

c. ☐ The Decedent was not domiciled in California but left property in [COUNTY] County; venue is proper under Cal. Prob. Code § 7052.

d. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [____________], if any).

e. ☐ The estimated value of the estate exceeds the threshold for small-estate procedures (Cal. Prob. Code § 13100, as adjusted).

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

5. THE WILL OFFERED FOR PROBATE

a. The Decedent's Last Will and Testament was executed on [__/__/____]. ☐ The original Will has been lodged with the clerk of this Court pursuant to Cal. Prob. Code § 8200 / ☐ accompanies this Petition. A photographic copy of the Will is attached (Cal. Prob. Code § 8002(b)).

b. ☐ The Will is a holographic will (material provisions in the Decedent's handwriting); a typed copy is attached. ☐ The Will is in a foreign language; an English translation is attached (Cal. Prob. Code § 8002(b)).

c. Self-proving status and proof of the Will (Cal. Prob. Code § 8220): unless the Will is contested, it may be proved on the evidence of one subscribing witness, or by an affidavit of a subscribing witness with a photographic copy attached, or by an attestation/affidavit included in the original Will.

☐ The Will includes a self-proving attestation clause or witness affidavit and may be admitted without live witness testimony (Cal. Prob. Code § 8220(b)).

☐ Proof of execution will be provided by affidavit or testimony of a subscribing witness.

d. Subscribing witnesses to the Will:

e. The Will has not been revoked and is, to the best of Petitioner's knowledge, the Decedent's last valid Will. Upon admission, the Will is conclusive as to its due execution, subject to the time limits for contest (Cal. Prob. Code § 8226).

6. DEVISEES, LEGATEES, AND HEIRS ENTITLED TO NOTICE

The name, age, address, and relation to the Decedent of each heir and devisee, so far as known or reasonably ascertainable (Cal. Prob. Code § 8002(a)(3)):

A. Devisees / legatees / beneficiaries under the Will:

B. Heirs at law (those who would take by intestate succession under Cal. Prob. Code § 6400 et seq.), entitled to notice:

☐ The Decedent was survived by a spouse or registered domestic partner: [NAME].

7. CHARACTER AND ESTIMATED VALUE OF THE ESTATE

Total Estimated Estate Value: $[________________]

8. NOMINATION AND PRIORITY OF EXECUTOR; AUTHORITY REQUESTED

a. The Will names [PETITIONER / NAMED EXECUTOR] as Executor. The person named as executor in the Decedent's Will has the right to appointment as personal representative under Cal. Prob. Code § 8420. The appointment becomes effective, and Letters Testamentary issue to the executor, only upon the executor taking the oath and letters being issued by the clerk (Cal. Prob. Code §§ 8400, 8403, 8405).

b. The person named as executor ☐ consents to act / ☐ has waived the right to appointment (Cal. Prob. Code § 8002(b)(3)). Petitioner is competent and not otherwise disqualified.

c. Authority under the Independent Administration of Estates Act requested (Cal. Prob. Code § 10400 et seq.):
☐ Full authority under IAEA
☐ Limited authority under IAEA
☐ No IAEA authority requested

9. BOND

a. Bond is governed by Cal. Prob. Code §§ 8480 and 8481. Except as otherwise provided, every person appointed as personal representative must give a bond before letters are issued (§ 8480).

☐ The Will waives the requirement of a bond (Cal. Prob. Code § 8481(a)(1)); Petitioner requests that no bond be required.

☐ All beneficiaries waive the bond in writing, and the written waivers are attached (Cal. Prob. Code § 8481(a)(2)); the Will does not require a bond.

☐ Petitioner will furnish bond. Estimated amount of bond: $[________________].
☐ Bond with corporate surety ☐ Bond with personal sureties

b. Petitioner acknowledges that, notwithstanding any waiver, the Court may for good cause require a bond (Cal. Prob. Code § 8481(b)).

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Set this Petition for hearing and order notice given as required by law;

b. Determine the date and place of the Decedent's death and that the Court has jurisdiction (Cal. Prob. Code §§ 8005–8006);

c. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any codicil) to probate (Cal. Prob. Code §§ 8006, 8226);

d. Appoint Petitioner as Executor of the estate (Cal. Prob. Code § 8420);

e. Issue Letters Testamentary to Petitioner upon qualification (Cal. Prob. Code §§ 8400, 8405);

f. Grant full (or limited) authority under the Independent Administration of Estates Act (Cal. Prob. Code § 10400 et seq.);

g. Fix bond in an appropriate amount or waive bond as provided in Cal. Prob. Code § 8481;

h. Grant such other relief as the Court deems proper.

11. 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]

12. CERTIFICATE OF SERVICE / NOTICE

Notice of Hearing: Notice of the hearing on this Petition was given as required by Cal. Prob. Code § 8100 et seq.:

☐ Mailed notice to heirs, devisees, and the person named as executor 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)

Signature: ______________________________________

Printed Name: [PETITIONER / ATTORNEY NAME]

California State Bar No.: [________________] (if attorney)

Address: [________________________________]

Telephone: [____________________] Email: [____________________]

ATTACHMENTS CHECKLIST

☐ Judicial Council Form DE-111 (Petition for Probate — check "Probate of Will and for Letters Testamentary")
☐ Original Will lodged with the clerk (Cal. Prob. Code § 8200) and a photographic copy attached
☐ Typed copy (holographic will) or English translation (foreign-language will), if applicable
☐ Judicial Council Form DE-147 (Duties and Liabilities of Personal Representative)
☐ Certified copy of Death Certificate
☐ Proof of subscribing witness / self-proving attestation (Cal. Prob. Code § 8220)
☐ Bond, or written waivers of bond attached (Cal. Prob. Code § 8481)
☐ Proof of Publication (Cal. Prob. Code § 8120)
☐ Proof of Mailing Notice of Petition to Administer Estate (Form DE-121)
☐ Proposed Order for Probate (Form DE-140)
☐ Proposed Letters Testamentary (Form DE-150)
☐ Filing fee payment

SOURCES AND REFERENCES

• Cal. Prob. Code § 8000, § 8002 — Commencement; contents of petition
• Cal. Prob. Code § 8200 — Delivery/lodging of will with clerk
• Cal. Prob. Code § 7051 — Venue (county of domicile)
• Cal. Prob. Code § 8220, § 8226 — Proof of will; effect of admission
• Cal. Prob. Code § 8420 — Executor's right to appointment; § 8400, § 8403, § 8405 — Appointment effective on issuance of letters; oath; contents of letters
• Cal. Prob. Code § 8480, § 8481 — Bond; waiver by will or beneficiaries
• Cal. Prob. Code § 10400 et seq. — Independent Administration of Estates Act
• Cal. Prob. Code § 8100, § 8110, § 8120 — Notice of hearing
• Judicial Council Form DE-111: https://selfhelp.courts.ca.gov/jcc-form/DE-111