Petition for Probate California: Complete Guide to Form DE-111

The Petition for Probate (Form DE-111) is the legal document that initiates probate proceedings in California. This single form opens the probate case, requests appointment as executor or administrator, and sets the entire probate process in motion.

As a Glendale probate attorney who files dozens of these petitions every year, I know that properly completing Form DE-111 is critical—errors or omissions can result in the petition being rejected, delaying the entire probate by weeks or months.

This comprehensive guide explains everything about filing a Petition for Probate in California: who can file, required information, step-by-step form instructions, supporting documents needed, filing procedures, the court hearing, and what happens after the petition is granted.

What Is a Petition for Probate?

Judicial Council Form DE-111: Petition for Probate

Purpose: Formal request to probate court to:

• Open probate case
• Admit will to probate (if one exists)
• Appoint executor (if will names one) or administrator (if no will)
• Grant authority to administer estate

This is the first step in formal California probate.

When Petition for Probate Is Required

Required when:

• Decedent died with assets in their individual name
• Total probate assets exceed $184,500
• Real property requires probate transfer
• No small estate procedures available

Not required when:

• Estate qualifies for small estate affidavit (under $184,500)
• All assets in living trust
• All assets pass by beneficiary designation or joint tenancy

Who Can File Petition for Probate?

California Probate Code Sections 8000-8005

Priority for Appointment

If will exists:

1. Executor named in will (first priority)
2. Other person entitled under will
3. Public administrator

If no will (intestate):

1. Surviving spouse or domestic partner
2. Children
3. Grandchildren
4. Other heirs (parents, siblings, etc.)
5. Public administrator
6. Creditors (after 45 days)
7. Any other person (county resident)

Multiple people can petition - court determines who should serve.

Required Information and Documents

Before Filing, Gather:

About the Decedent:

• Full legal name and any aliases
• Last residence address
• Date and place of death
• Date of birth or age at death
• Social Security number
• Citizenship status

Death Certificate:

• Certified copy from county health department
• Original or certified copy required for filing

The Will (if one exists):

• Original will
• All codicils (amendments to will)
• Self-proving affidavit (if attached to will)

About the Estate:

• List of all assets and approximate values
• Real property addresses and APNs
• Bank account information
• Description of personal property

About Family Members:

• Names and addresses of all heirs
• Names and addresses of all will beneficiaries
• Ages of any minor children
• Relationship to decedent

About Proposed Executor/Administrator:

• Full name and address
• Relationship to decedent
• Why qualified to serve

Completing Form DE-111: Step-by-Step

Header Section

Attorney Information:

• Your attorney's name, State Bar number, address
• Or "In Pro Per" if representing yourself

Court Information:

• Superior Court of California
• County where decedent resided
• Street address of courthouse

Item 1: Publication Information

Check box:

• Will be published in (name of newspaper)
• Located in (city), California

Purpose: Notice to creditors and interested parties

Usually: Newspaper of general circulation in county

Item 2: Petitioner Information

Petitioner requests:

• Check box for "Decedent's will and codicils, if any, be admitted to probate"
• Full name be appointed as executor (if will) or administrator (if no will)

Executor vs. Administrator:

• Executor: Named in will
• Administrator: No will or will doesn't name executor

With full authority (check box to request IAEA authority)

Item 3: Decedent Information

a. Decedent's name:

• Full legal name
• "a.k.a." (also known as) if used other names

b. Date of death and age

c. Place of death (city, state)

d. Residence at death:

• Street address (required for jurisdiction)
• City, State, ZIP

e. Registered domestic partner (check box if applicable)

Item 4: Decedent's Property

a. Character and value:

Check appropriate boxes and state values:

Community/Quasi-community property:

• Real property value: $__________
• Personal property value: $__________

Separate property:

• Real property value: $__________
• Personal property value: $__________

Total: $__________

These are estimates - formal inventory comes later.

Purpose: Filing fees based on estate value.

b. Non-probate property:

State value of property NOT going through probate:

• Trust property
• Joint tenancy property
• Life insurance to named beneficiaries
• Retirement accounts with beneficiaries
• POD/TOD accounts

Why report this: Court wants complete picture, though these assets don't go through probate.

Item 5: Will Information

If will exists:

a. Date of will (month, day, year)

b. Number of pages (including codicils)

c. Codicils:

• Check box if codicils exist
• State dates and page counts

d. Self-proving will:

• Check box if self-proving affidavit attached
• Allows will admission without witness testimony

e. Lost will:

• Check box if original will cannot be located
• Requires special procedures and evidence

If no will:

• Check box "There is no will"
• Petition for Letters of Administration (not Letters Testamentary)

Item 6: Executor/Administrator Information

a. Appointment requested for:

• Full name of proposed executor/administrator
• Relationship to decedent

b. Nominee qualifications:

Check all that apply:

• Named as executor in will (if applicable)
• Related to decedent (state relationship)
• Principal beneficiary (inherits substantial share)
• Other interested person (explain)

c. Nominee is:

• Resident of California (preferred) OR
• Nonresident of California (check box)

Nonresidents: Must have California co-administrator

Item 7: Priority and Waiver

a. Priority:

State basis for appointment:

• Named in will
• Surviving spouse
• Highest priority heir
• Other reason

b. Persons entitled to priority:

List people with equal or higher priority who are not petitioning:

• Names and relationships
• Address (if known) or "whereabouts unknown"

c. Waiver:

Check boxes if:

• □ Waivers of persons with priority attached
• □ Consent to appointment attached

Waivers helpful but not required.

Item 8: Special Notice

Duty to give notice to certain people:

Probate Code Section 1250 notice required for:

• Director of Health Care Services (if decedent received Medi-Cal)
• Director of Mental Health (if applicable)
• Certain

government agencies

Check boxes as applicable.

Item 9: Request for Special Orders

Optional requests:

IAEA Authority (most important):

• □ Full authority under IAEA
• Allows executor to act without ongoing court approval
• Highly recommended
• Requires bond waiver in will OR beneficiary consent OR posting bond

Other orders:

• □ Bond not required (if will waives bond)
• □ Specified bond amount
• □ Fees per Probate Code Section 10810
• □ Appointment of probate referee

Item 10: Attachments

Required attachments:

• □ Original will and codicils
• □ Typed copy of will
• □ Probate Code Section 1250 notices
• □ Waivers or consents
• □ Other relevant documents

Number of pages total: ______

Signature

Declaration under penalty of perjury:

• Petitioner (or attorney) signs and dates
• Verification that statements are true
• Under California law

Supporting Documents Required

File with Petition for Probate:

1. Original Will (if exists)

• Must file original
• Photocopies not sufficient
• If lost will, special procedures required

2. Typed Copy of Will (if handwritten or hard to read)

• Word-for-word transcription
• Makes reading easier for court and parties

3. Certified Death Certificate

• Original or certified copy
• Issued by county health department

4. Notice of Petition to Administer Estate (Form DE-121)

• Notice to be published and mailed
• Generated based on petition information

5. Duties and Liabilities of Personal Representative (Form DE-147)

• Acknowledgment of executor duties
• Must be signed by proposed executor

6. Order for Probate (Form DE-140)

• Proposed order for judge to sign
• Prepared by petitioner's attorney

7. Letters Testamentary/Administration (Form DE-150)

• Template for letters court will issue
• Shows executor's authority

8. Confidential Supplement (if minor beneficiaries)

• Birth dates of minor children
• Kept confidential

Filing the Petition

Where to File

File in Superior Court for the county where decedent resided at death.

Los Angeles County:

• Stanley Mosk Courthouse
• 111 N. Hill Street, Room 113
• Los Angeles, CA 90012

Other LA County courthouses may also accept filings.

Filing Fees

Based on estate value:

Estate Value	Filing Fee
Under $250,000	$435
$250,000-$499,999	$535
$500,000-$999,999	$635
$1,000,000+	$735-$935

Fee waivers available for indigent petitioners.

What Happens After Filing

1. Court reviews petition (1-2 weeks)

• Checks for completeness
• Verifies filing fee paid
• Assigns case number

2. Hearing date scheduled

• Typically 6-8 weeks after filing
• Date, time, department noted on petition copy

3. Court returns conformed copies

• Shows case number and hearing date
• Stamped by clerk

4. Petitioner must publish and mail notice

• Before hearing (specific timeline)
• Proof of service filed with court

Notice Requirements

California Probate Code Sections 8110-8121

Notice of Petition Must Be:

1. Published

• Once a week for 3 consecutive weeks
• In newspaper of general circulation
• At least 15 days before hearing

2. Mailed

• At least 15 days before hearing
• To all heirs and beneficiaries
• To anyone requesting special notice
• First class mail

Proof of Service

Must file before hearing:

• Proof of Publication (from newspaper)
• Proof of Mailing (Form DE-120)

Without proper notice: Court will continue hearing to allow proper notice.

The Probate Hearing

What to Expect

Appearance:

• Petitioner (or attorney) appears
• In assigned probate department
• At scheduled date and time

Typical hearing:

• Calendar call (judge calls case name)
• Brief questions from judge
• Review of petition and will
• Any objections heard
• Decision announced

If no issues: Hearing takes 5-10 minutes

Possible Outcomes

1. Petition Granted (most common)

• Will admitted to probate
• Executor/administrator appointed
• Orders signed
• Letters issued

2. Petition Continued

• Technical defects need correction
• Additional information needed
• Notice issues
• New hearing date set

3. Petition Denied (rare)

• Will invalid
• Petitioner not qualified
• Procedural problems

After Hearing

If granted:

• Pick up signed orders and letters
• Order certified copies (5-10)
• Begin probate administration
• File inventory within 4 months

Common Problems and Solutions

Problem: Missing Information

Solution: File corrected petition or provide information at hearing

Problem: Will Cannot Be Found

Solution: File petition for lost will with evidence of will's contents and proper execution

Problem: Someone Objects

Solution: Hearing becomes contested - may require separate trial

Problem: Multiple People Want to Be Executor

Solution: Court determines who is most qualified based on priority and circumstances

Frequently Asked Questions

How long after death should I file?

No strict deadline, but sooner is better. Within 30 days typical. Delays can harm estate (property taxes, insurance, maintenance).

Can I file without an attorney?

Yes, but not recommended. Probate is complex and errors can be costly. Most people hire probate attorney.

What if I make a mistake on the petition?

Can file amended petition or correct at hearing if minor error. Serious errors may require re-filing.

What if nobody wants to be executor?

Public Administrator will be appointed to handle estate. Not ideal but available as last resort.

How much does it cost to file?

Filing fee $435-$935 based on estate value. Attorney fees additional (typically $3,000-$10,000 to prepare and file petition).

What if decedent had property in multiple counties?

File in county of residence. One probate handles property in all California counties.

Related Articles

Learn more about California probate:

• How to File Probate in Los Angeles County - Complete guide specific to LA County procedures.

• Letters Testamentary California - What you receive after petition is granted.

• California Executor Duties & Responsibilities - What comes after appointment.

• How Long Does Probate Take in California? - Timeline starting with petition filing.

• How Much Does Probate Cost in California? - Filing fees plus attorney fees and total costs.

Get Professional Help Filing Petition for Probate

Filing a Petition for Probate properly the first time avoids delays and ensures smooth probate proceedings. One error can set back the entire process by weeks or months.

Call (818) 291-6217 to schedule a consultation at my Glendale office, or complete our probate questionnaire to get started.

As a California probate attorney serving Los Angeles County, I prepare and file Petitions for Probate, ensure all requirements are met, represent clients at hearings, and guide executors through the entire probate process from petition to final distribution.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and probate attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With extensive experience filing Petitions for Probate in Los Angeles County courts, Rozsa ensures petitions are prepared correctly for first-time approval and guides clients through every step of the probate process.

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Disclaimer: This article provides general information about California Petitions for Probate and should not be construed as legal advice. Every situation is unique. Forms, procedures, and requirements change, and this article reflects California law as of January 2025. Consult with a qualified California probate attorney about your specific circumstances.