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Who Can Petition for Probate of Will in California? What You Need to Know

Written by

Annie L.

Reviewed & Facts Checked by: Patience P.
California probate petition document and gavel

 

In California, the probate process ensures proper administration and distribution of a deceased person’s estate. Filing a petition for probate allows eligible parties to manage the estate according to the will or state laws. This guide answers common questions to help you navigate the process.

What Is a Petition for Probate?

A petition for probate is a formal request submitted to the probate court to begin the legal process of administering a deceased person’s estate. This petition identifies the deceased, details their assets, and specifies the individual seeking to manage the estate, typically the executor named in the will or another eligible party. Filing this document allows the court to appoint an executor or administrator to handle tasks like paying debts, distributing assets, and ensuring the estate is managed according to the law or the wishes outlined in the will.

What Does a Petition for Probate Do?

A petition for probate initiates the process of estate administration by granting legal authority to an executor or administrator to act on behalf of the deceased’s estate. This document enables the appointed individual to perform essential tasks such as accessing and managing the deceased’s assets, paying outstanding debts, resolving tax obligations, and distributing the remaining assets to heirs or beneficiaries as dictated by the will or California probate law. It ensures the estate is handled in a structured and lawful manner under the supervision of the probate court.

When Should a Petition for Probate Be Used?

A petition for probate should be used when a person passes away and leaves behind assets that cannot be automatically transferred to beneficiaries. These assets may include real estate, financial accounts, or other property not held in joint tenancy, a trust, or with named beneficiaries. It is necessary when the estate’s value exceeds California’s small estate threshold, currently $184,500 as of 2025, or when the estate includes assets requiring legal authority for management and distribution. Filing a petition ensures the proper transfer of assets according to the will or California intestate succession laws.

Who Can Petition for Probate in California?

Yes, several individuals or entities can petition for probate in California. The person named as the executor in the will has the highest priority. If no executor is named or willing to serve, the court allows the following parties to petition, in order of preference:

  1. Surviving spouse or domestic partner.
  2. Adult children of the deceased.
  3. Other heirs, such as parents, siblings, or grandchildren.
  4. Creditors of the estate, if no family members or named executors step forward.
  5. Other interested parties, such as friends or business associates, with approval from the court.

The court determines the priority of petitioners based on California Probate Code Sections 8460-8469.

What Are the Types of Petitions Used to Begin Probate in California?

The types of petitions used to begin probate in California include:

  1. Petition for Probate:
    This petition is used when the deceased left a valid will. The named executor in the will typically files this petition to request formal appointment and begin managing the estate.
  2. Petition for Letters of Administration:
    This petition is used when the deceased did not leave a will (intestate). The court appoints an administrator, usually a close family member, to handle the estate.
  3. Petition for Letters of Administration with Will Annexed:
    This petition is filed when there is a valid will, but no executor is named, or the named executor is unwilling or unable to serve. An alternative party, such as an heir or another interested individual, petitions for authority to manage the estate under the terms of the will.

These petitions ensure the estate’s administration aligns with California probate laws and the deceased’s intentions where applicable.

Can You Do Probate on Your Own in California?

Yes, you can handle probate on your own in California. This process, known as “pro se probate,” involves filing the required legal forms, attending court hearings, and managing the estate without hiring an attorney. However, this option requires a solid understanding of probate laws, court procedures, and administrative tasks, as any mistakes can delay the process or incur additional costs.

While handling probate independently may save on attorney fees, it can be challenging for larger or more complex estates. For example, navigating disputes among heirs, handling substantial debts, or resolving unclear aspects of a will can complicate the process. In such cases, seeking professional legal assistance is recommended to ensure proper compliance with California probate law.

How Do You File a Petition for Probate in California?

To file a petition for probate in California, follow these steps:

  1. Identify the Appropriate Probate Court:
    File the petition in the probate court of the county where the deceased resided at the time of their death.
  2. Complete the Required Forms:
    Fill out the necessary forms, such as the Petition for Probate (Form DE-111). Include details about the deceased, their estate, and the petitioner’s eligibility. Attach supporting documents like the original will (if available) and a certified death certificate.
  3. File the Petition:
    Submit the completed forms and required documents to the probate court. Pay the filing fee, which varies by county but typically ranges from $435 to $650.
  4. Notify Interested Parties:
    Serve notice of the probate proceedings to heirs, beneficiaries, and creditors. Publish a notice of the hearing in a local newspaper, as required by California law.
  5. Attend the Court Hearing:
    The court reviews the petition during a scheduled hearing. The petitioner or their representative must attend to answer any questions or address objections.
  6. Receive the Court’s Decision:
    If the court approves the petition, it will issue Letters Testamentary (for executors) or Letters of Administration (for administrators), granting the authority to manage the estate.
  7. Follow Court Instructions:
    Begin managing the estate according to the court’s directives, which may include preparing an inventory of assets, paying debts, and distributing the estate to beneficiaries.

Each step must be carried out carefully to ensure compliance with California probate laws and to avoid delays or additional legal issues.

How Do You Identify the Appropriate County?

You identify the appropriate county for filing a probate petition by determining the deceased person’s last legal residence. The probate court in the county where the deceased lived at the time of their death has jurisdiction over the estate.

For example, if the deceased resided in Los Angeles County, the petition should be filed with the Los Angeles County Probate Court.

In cases where the deceased did not have a fixed residence in California, the appropriate county is where the deceased owned property or where the majority of their estate is located. According to California Probate Code Section 7051, this ensures the proper venue for administering the estate.

Where Do You Download the Appropriate Petition for Probate Form?

You can download the appropriate Petition for Probate form from the official website of the California Courts. The form, known as Form DE-111, is available in the “Probate” section of the California Courts Forms page.

This website provides all necessary probate forms, including instructions and additional documents required to complete the filing. Ensure you download the most recent version of the form to comply with current legal requirements. Some county probate courts may also provide these forms on their local websites.

What Steps Are Involved in Taking the Will and Petition to the Probate Court Clerk’s Office?

  1. Prepare All Required Documents:
    Gather the completed Petition for Probate (Form DE-111), the original will (if applicable), a certified copy of the death certificate, and any additional forms required by the court. Double-check all forms for accuracy and completeness.
  2. Make Copies:
    Create several copies of the petition, the will, and other supporting documents. These copies are for the court, beneficiaries, and your records.
  3. Visit the Probate Court Clerk’s Office:
    Take the original documents and copies to the probate court clerk’s office in the appropriate county. Submit the documents during the clerk’s operating hours.
  4. Pay the Filing Fee:
    Pay the court’s filing fee, which typically ranges from $435 to $650, depending on the county. The clerk will provide a receipt for the payment.
  5. File the Petition and Supporting Documents:
    Hand the documents to the clerk for filing. The clerk will stamp the original and copies with the filing date and return a stamped copy to you for your records.
  6. Obtain a Court Hearing Date:
    The clerk will schedule a hearing for the petition and provide the date and time. Ensure you note this information carefully.
  7. Retain Proof of Filing:
    Keep the stamped copy and receipt securely as proof of filing. You will need these for future steps in the probate process.

Following these steps ensures the petition and will are filed correctly, allowing the probate process to proceed without unnecessary delays.

What Should You Do with the Copy of the Will for the Executor?

You should provide a copy of the will to the named executor after filing the original with the probate court. This ensures the executor has a reference for their duties during the probate process.

Additionally, inform the executor about the probate hearing date and any obligations, such as attending the hearing or managing the estate’s assets. If the executor is not already aware, explain the responsibilities involved, including settling debts, distributing assets, and complying with court instructions.

Maintaining clear communication with the executor ensures smooth administration of the estate and adherence to the deceased’s wishes as outlined in the will.

How Do You Prepare a Petition for Probate?

To prepare a petition for probate in California, follow these steps:

  1. Gather Necessary Information:
    Collect the deceased’s details, including their full name, date of death, and last residence. Identify the beneficiaries, heirs, and creditors, as well as the value and nature of the estate’s assets.
  2. Obtain the Required Forms:
    Download the Petition for Probate (Form DE-111) and other required forms, such as the Duties and Liabilities of Personal Representative (Form DE-147), from the California Courts Forms page.
  3. Complete the Petition Form:
    Fill out Form DE-111, providing accurate details about the deceased, the petitioner, the named executor (if applicable), and the estate’s value. Include a request for the court to admit the will (if present) and appoint the executor or administrator.
  4. Attach Supporting Documents:
    Include a certified copy of the death certificate, the original will (if one exists), and any codicils. Attach any additional documents required, such as waivers of bond or consent forms from other heirs.
  5. Review the Petition:
    Check the petition for completeness and accuracy. Errors or omissions can delay the process or result in additional costs.
  6. Prepare Notification Documents:
    Prepare to notify heirs, beneficiaries, and creditors about the probate hearing. Use the Notice of Petition to Administer Estate (Form DE-121) for this purpose.
  7. Sign and Date the Petition:
    Ensure the petition is signed and dated by the petitioner under penalty of perjury.
  8. Make Copies of All Documents:
    Create several copies of the completed petition and supporting documents for the court, heirs, and your records.

Once these steps are completed, the petition is ready to be filed with the probate court to initiate the administration process.

What Is the Role of the Probate Court?

The probate court oversees the legal process of administering a deceased person’s estate. Its role includes:

  1. Validating the Will:
    The court examines the will to ensure it is authentic and legally valid.
  2. Appointing an Executor or Administrator:
    The court appoints the individual responsible for managing the estate, either the executor named in the will or an administrator if no will exists.
  3. Supervising Estate Administration:
    The court ensures the executor or administrator fulfills their duties, such as inventorying assets, paying debts, and distributing property to beneficiaries.
  4. Resolving Disputes:
    The court addresses conflicts, such as will contests, disputes among heirs, or disagreements over the executor’s actions.
  5. Approving Final Distribution:
    Before the estate is closed, the court reviews and approves the final accounting and distribution of assets to ensure compliance with the will or state laws.

The probate court ensures that the estate is administered in accordance with California probate law, protecting the rights of beneficiaries, heirs, and creditors.

What Are Common Mistakes When Filing for Probate?

  1. Incomplete Paperwork:
    Filing incomplete or incorrect forms can delay the process and incur additional fees.
  2. Failure to Notify Interested Parties:
    Neglecting to serve notice to heirs, beneficiaries, and creditors as required by law can result in legal challenges or delays.
  3. Incorrect Asset Valuation:
    Misreporting the value of the estate’s assets can lead to tax issues or disputes among heirs.
  4. Ignoring Deadlines:
    Missing court-mandated deadlines for filings or hearings can complicate the process and risk dismissal of the case.
  5. Improper Handling of Assets:
    Failing to secure or protect estate assets during probate may result in losses or legal liability for the executor or administrator.
  6. Mismanagement of Debts and Taxes:
    Overlooking creditor claims or tax obligations can create legal and financial problems for the estate.

What Happens After a Petition Is Filed?

  1.     Court Review:
    The probate court reviews the petition to ensure all required information and documents are provided.
  2.     Hearing Schedule:
    The court schedules a hearing to decide whether to approve the petition and appoint an executor or administrator.
  3.     Notification to Interested Parties:
    Heirs, beneficiaries, and creditors are notified of the hearing and given an opportunity to object.
  4.     Probate Hearing:
    At the hearing, the judge reviews the petition, hears any objections, and may approve the petition.
  5.     Issuance of Letters Testamentary or Administration:
    If approved, the court issues letters granting authority to the executor or administrator to manage the estate.
  6.     Estate Administration Begins:
    The executor or administrator starts managing the estate, including inventorying assets, paying debts, and distributing property under the court’s supervision.

Meet the Author

LegalPen Author Anne

Annie L – Distinguished linguist at LegalPen

Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.

Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.