Find Your Form

Form DE-111 Guide: Petition for Probate

Home · Page

Probate & Estates Guides → Form DE-111

What is Form DE-111?

Form DE-111 is California’s Petition for Probate. It asks the probate court to open the applicable proceeding for a person who has died and make the requested appointments and orders. That can include admitting a will to probate and appointing someone to administer the estate.

Filing the petition is asking the court to act. It does not itself appoint you as the estate’s personal representative, give you general authority over estate property, or transfer that property to anyone.

The usual path is: someone dies → determine whether formal probate is the applicable process → prepare and file the petition → complete notice, publication, and hearing requirements → the court considers the petition → appointment and Letters → estate administration continues. DE-111 belongs near the beginning of that process.

This guide follows all nine numbered items on the four-page form. It explains what the questions mean and how the pieces fit together, with more detail where probate language can be confusing.

Form version: DE-111, revised July 1, 2017. Verified against the current California Courts listing and all four pages of the official form on October 4, 2026. Get the current official DE-111 and keep it beside you.

FormExplainer provides general informational guidance about legal and government forms. It does not provide legal advice, assess individual circumstances, or create an attorney-client relationship. For advice about your situation, consult a qualified professional.

Jump to a Section

Before You Start

When do I need to file DE-111?

DE-111 is used when asking the California probate court to admit a will to probate, appoint a personal representative, or make the related orders the petition identifies. It commonly starts a formal probate administration. The form also accommodates requests such as a special or successor personal representative; those requests may arise in an existing case.

Not every estate needs formal probate. Some property passes through a trust, a beneficiary designation, survivorship, or a simplified transfer procedure. The applicable process depends on the property, ownership, value, date of death, and other circumstances. The petition’s value total is not a universal test for whether probate is required. Start with California Courts’ explanation of when formal probate may not be needed if that question has not been resolved.

Who files the petition?

The person asking the court to act is the petitioner. Under Probate Code section 8000, an interested person may petition after the death. Often this is the person nominated as executor or a family member, but filing the petition and being entitled to appointment are different questions. Item 2 separately identifies the petitioner and the person proposed for appointment.

Does having a will mean I do not need probate?

No. A will can explain who should receive property and who is nominated to administer the estate, but having one does not necessarily avoid probate. A probate involving a valid will is called testate; dying without a valid will is called intestate. In an intestate estate, inheritance is determined under the applicable succession laws rather than gifts in a will.

A will also may not dispose of every asset. That is one reason the form asks about both the will and family relationships. Finding a document labeled “will” does not settle its validity, and finding a will does not establish that every asset belongs in the probate estate.

What is the difference between a personal representative, executor, and administrator?

Personal representative is the broader term for the person the court appoints to administer the estate. The job includes collecting and managing estate property, addressing debts and other obligations, and handling distribution through the required process. The more specific title depends on the appointment:

  • Executor: a person named in the will whom the court appoints to carry out that role.
  • Administrator: the court-appointed representative in an estate without a will.
  • Administrator with will annexed: the court-appointed representative when there is a will but no executor is appointed to serve under it—for example, when the will names no executor or the named executor cannot serve. “With will annexed” does not mean the estate has no will.

The decedent is simply the person who died. The petitioner, decedent, and proposed personal representative are not interchangeable labels. A petitioner can ask for someone else to be appointed.

If the will names me as executor, am I already authorized to act?

You are nominated, but you are not yet the court-appointed executor. The appointment becomes effective when the court issues Letters, the official document showing the appointment and authority. Letters are not correspondence from family members or a copy of the will.

For example, suppose a will names Maya as executor. Maya then files DE-111 asking to be appointed. The nomination and the filed petition are two steps; neither is the issued Letters that make the appointment effective.

Probate Code section 8400 contains a narrow exception allowing a named executor, before effective appointment, to pay funeral expenses and take necessary measures to maintain and preserve the estate. That is not general authority to administer or distribute it. An urgent property problem or uncertainty about what someone may already be doing needs specific advice about the authority available.

What should I gather before filling out DE-111?

Have the records that identify the decedent, the proposed representative, the estate, and the people the court needs to know about. A small working file will make the form easier to follow:

  • The decedent’s full name, date and place of death, residence at death, and any non-U.S. citizenship information. A death certificate can help verify the death details.
  • The original will and every codicil you have, plus complete readable copies and the dates of those documents. A codicil changes or adds to a will.
  • Names, contact details, residence information, and relevant relationship information for each petitioner and proposed representative.
  • A family outline showing spouses or registered domestic partners, children and descendants, deceased relatives, and other relationships the applicable sections ask about.
  • Names, ages, relationships, and addresses for people mentioned in the will or codicils and the other people covered by item 8.
  • A preliminary asset list, estimated values, annual property income, and real-property loan or lien information. Statements, deeds, and loan records can help you understand what the figures represent.
  • Any written nominations, declinations, existing probate orders or case papers, and information relevant to the requested bond or independent-administration authority.
  • The filing court’s current probate instructions, required local forms, and information about the appropriate publication newspaper.

Keep three groups separate: records you consult, documents actually filed or lodged with the court, and documents used later in administration. DE-111 does not direct every petitioner to attach bank statements, tax returns, deeds, or a death certificate. Check any separate court requirement, and do not attach private records simply because they helped you answer a question. The attachment section below explains what the petition itself calls for.

Page 1 — Court Information and Requests

What goes at the top of DE-111?

Enter the requested contact information for the attorney or person filing without an attorney. The State Bar number and attorney-representation fields concern a lawyer. Identify the superior court, county, addresses, and branch. Under “Estate of,” give the decedent’s name; repeat that name and the case number on the remaining pages.

For a new case, follow the clerk’s instructions for the assigned case number and hearing information. For an existing proceeding, use that case’s information. Leave “For Court Use Only” to the court.

The “Petition for” boxes identify the requests: probate of a will and Letters Testamentary; probate of a will and Letters of Administration with Will Annexed; Letters of Administration; Letters of Special Administration, with a separate general-powers choice; and authorization under the Independent Administration of Estates Act, with a limited-authority choice. The will choices also have “Lost” boxes. Match these selections to the requests and supporting details that follow.

1. Why does DE-111 ask about a newspaper?

An ordinary opening probate petition requires published notice as well as notice to particular people. Item 1 identifies the newspaper and whether publication is requested or is to be arranged. It is about the formal notice process, not an obituary.

The newspaper must meet the applicable publication requirements. The rule generally connects publication to the city where the decedent lived, with alternatives for other circumstances. Do not choose a newspaper merely because it is inexpensive or circulates somewhere in the county. Probate Code section 8121 explains the location and timing rules; confirm the proper newspaper and its deadlines before paying for publication.

The document ordinarily used is DE-121, Notice of Petition to Administer Estate. Identifying a newspaper on DE-111 does not complete publication. The filing-and-notice section below explains how the notice and proof fit together.

2. What am I asking the court to do?

Item 2 is the petition’s request list. Name every petitioner, then identify the orders being requested. The later sections supply the facts supporting these requests.

  • 2a: asks the court to admit the will and any codicils to probate. Admitting a will is the court’s acceptance of it for the probate proceeding.
  • 2b: names the proposed representative and identifies executor, administrator with will annexed, administrator, or special administrator. The special-administrator choice has a separate general-powers box. The request also asks for Letters upon qualification.
  • 2c: requests full or limited authority under the Independent Administration of Estates Act.
  • 2d: addresses no bond, a bond in the stated amount, and any requested deposits in a blocked account.

“Upon qualification” means the appointment process still has requirements, including the oath and any required bond, before Letters issue. It does not mean the petitioner can declare themselves qualified by completing the form.

What is IAEA authority?

The Independent Administration of Estates Act, often shortened to IAEA, allows an appointed personal representative to take many estate-administration actions without obtaining a separate court approval for each one. DE-111 asks whether the court should grant that authority; it does not grant it itself.

Independent administration still has rules. Certain actions require advance notice to interested people, and some matters still require court supervision. DE-165, Notice of Proposed Action, is used for applicable later actions under that process. It is not a routine attachment needed just to ask for IAEA authority on DE-111.

What is the difference between full and limited authority?

The key difference concerns certain real-estate transactions. With limited authority, the representative cannot independently sell or exchange real property, grant an option to purchase it, or borrow money secured by it. Those transactions require court supervision. Full authority includes the IAEA powers for those transactions, subject to the Act’s notice requirements and other restrictions.

“Full” does not mean unlimited control, and “limited” does not mean the person is not really the estate’s representative. Both describe the scope of independent administration. The distinction appears on the Order for Probate, DE-140, and Letters, DE-150, if granted. The requested authority can also affect bond. Understanding those consequences is different from deciding which authority to request; that choice depends on the estate and the proposed administration.

What do the bond and blocked-account requests mean?

A probate bond provides financial protection against losses from a representative’s mishandling of estate assets. It is not a filing fee or a promise that every estate expense will be paid. Item 2d(1) requests no bond and points to the reasons in item 3e. Item 2d(2) requests that the court fix a bond amount.

For a requested amount different from the maximum described in Probate Code section 8482, the form calls for reasons in Attachment 2. The property and annual-income estimates in item 3d help explain why bond is part of this petition. The court determines the requirement and amount; the petitioner’s entry is a request.

Item 2d(3) concerns deposits in a blocked account. This is an account subject to court restrictions, not simply an ordinary account you promise not to use. State the amount, institution, and location requested. The related order provides that receipts must be filed and withdrawals require a court order. A blocked-account request does not itself establish the account or authorize a transfer.

3a–3c. Which death and residence information belongs here?

Item 3a asks when and where the decedent died, then distinguishes a resident of the filing county from a nonresident of California who left an estate there. For the nonresident choice, identify the property location requested by the form for publication purposes. Item 3b identifies citizenship in a country other than the United States. Item 3c asks for the street address, city, and county of residence at death.

Which county is appropriate for the petition?

For a person domiciled in California at death, the probate venue is generally the county of that domicile—the person’s legal home—regardless of where the death occurred. The hospital’s location, the petitioner’s address, and the decedent’s home may be three different places. Section 7051 supplies that rule.

If the decedent was domiciled outside California, section 7052 has separate rules tied to California property and, in some circumstances, the place of death. Do not automatically use your own county or assume any property-owning county is equally appropriate. A move near death, homes in different states, or an existing proceeding elsewhere can require a closer venue review.

Citizenship and residence also answer different questions. A non-U.S. citizen may have lived in California. The citizenship line does not replace the residence fields and can matter to additional notice requirements.

Page 2 — Estate Values, Bond, Will, and Appointment

3d. How do I estimate the estate value on DE-111?

Item 3d asks for the character and estimated value of the estate property and says to complete it in all cases. It separates personal property, annual income, and real property, then tells you how to combine them. This is a preliminary petition estimate, not the later formal Inventory and Appraisal.

  • 3d(1), personal property: property other than real estate. This category can include money, investments, vehicles, and other estate assets; it does not mean only household belongings.
  • 3d(2), annual gross income: separate lines for income from real property and from personal property. “Annual” means a year; “gross” means before expenses. The asset’s value and the income it produces are different figures.
  • 3d(3), subtotal: add personal property in (1) and both annual-income amounts in (2).
  • 3d(4)–(6), real property: enter gross fair market value, subtract encumbrances, and show the net value. An encumbrance here is a burden on the property, such as a mortgage or other lien.
  • 3d(7), total: add the subtotal in (3) and net real-property value in (6).

For a simple hypothetical, suppose the relevant estate figures are $40,000 in personal property, $12,000 in annual gross property income, and real property worth $500,000 with a $200,000 mortgage. The subtotal is $52,000; net real-property value is $300,000; the form’s total is $352,000. The $500,000 value and $200,000 encumbrance are shown separately. This example only illustrates the printed arithmetic.

Notice what that total includes: annual income as well as property values. It is not simply “everything owned minus every bill.” The form does not give a general deduction line for all unsecured debts. Keep debts in your working records, but do not subtract them from unrelated fields to make a net-worth calculation.

Later, DE-160, Inventory and Appraisal, with DE-161 attachments, identifies and appraises property under its own instructions, generally using date-of-death values. The representative appraises specified cash items; a probate referee generally appraises other assets. Those later figures may refine the petition’s estimates. Listing an estimated value on DE-111 does not replace that process.

Before estimating, identify which property interests belong in the estate being administered. A jointly owned asset, trust asset, or beneficiary-designated account can require ownership analysis first. This guide cannot turn an account balance into a conclusion that the whole account is a probate asset. Keep the records and basis for your estimate; obtain appropriate help for disputed ownership or specialized values.

3e. Why might the petition request no bond?

Item 3e supplies the reasons supporting the no-bond request in item 2d(1). Read the precise choice that applies; a general statement that “the family trusts me” does not supply a listed waiver.

  • 3e(1): the will waives bond. There is also a specific choice for a special administrator who is the named executor when the will waives bond.
  • 3e(2): all beneficiaries are adults and have waived bond, and the will does not require it. Attach the waivers as Attachment 3e(2).
  • 3e(3): all heirs at law are adults and have waived bond. Attach the waivers as Attachment 3e(3).
  • 3e(4): the sole personal representative is a corporate fiduciary or an exempt government agency. This is not a general exemption for an individual acting responsibly.

DE-111(A-3e), also numbered DE-142, Waiver of Bond by Heir or Beneficiary, explains the protection being waived. It can be attached to the petition or filed as the separate DE-142. The person giving the waiver signs it; the petitioner does not simply sign for everyone.

The waiver form says that a person does not have to waive bond for administration to proceed or to receive their share. It also explains special representation requirements for minors, incapacitated people, or unascertained beneficiaries. Do not check the petition’s “all adults” choice when that is not true or assume an ordinary family member can waive for someone else.

Even with a waiver, the court can require bond for good cause under section 8481. Whether to waive, whether a particular waiver is effective, and what amount or blocked-account arrangement to request can affect real financial protection. Those are decisions to resolve with individualized advice, not shortcuts supplied by this guide.

3f. What do I enter about the will and codicils?

Item 3f distinguishes an intestate estate from one in which a will is being offered for probate. For a will, give its date and the date of each codicil. A codicil is a document that amends or adds to a will; it needs to be considered with the will it changes.

For example, a person might sign a will in 2015 and a codicil in 2021 changing one gift. Item 3f asks for both documents and their dates. The later document is not a reason to omit the earlier will it modifies. Whether either document is legally effective is a separate question.

Item 3f(2) calls for copies as Attachment 3f(2), including typed copies of handwritten documents and English translations of foreign-language documents. Those readable copies do not replace the underlying documents. The original will is delivered to the court through the applicable lodging procedure; attaching a photocopy to DE-111 does not substitute for handling the original.

Lodging a will also has its own timing. Section 8200 generally requires the custodian, within 30 days after learning of the death unless a probate petition was earlier filed, to deliver the will to the proper superior court clerk and a copy to the known executor, or an appropriate named beneficiary if the executor’s whereabouts are unknown. Check that requirement promptly rather than waiting for the whole estate investigation to be finished.

What does “self-proving” mean?

It concerns the evidence used to prove that the will was properly executed. The box in 3f(2) refers to the will and all codicils and cites section 8220. A qualifying witness affidavit within the original document can supply proof without a separate witness statement. It is not a statement that nobody may challenge the will, and a signature or notary stamp alone is not a reason to assume the box applies.

Where separate proof is needed, DE-131, Proof of Subscribing Witness, addresses a witness’s evidence. DE-135, Proof of Holographic Instrument, addresses proof of the handwriting and signature on a handwritten instrument. These forms serve particular proof needs; they are not automatic attachments to every petition.

What if the original will is lost?

Item 3f(3) is specifically for a lost original will or codicil. It calls for a copy or a written statement of the testamentary words or their substance in Attachment 3f(3), together with reasons why the revocation presumption in Probate Code section 6124 does not apply. The matching “Lost” box also appears at the top of page 1.

This is more than an explanation that the original is hard to find. Under specified circumstances, a missing original raises a legal presumption that it was revoked. A lost document, competing versions, or a disputed will needs review of the facts and proof; do not label the estate intestate or the copy valid merely to choose an easier checkbox.

3g. How do I explain why this person should be appointed?

Item 3g connects the requested appointment to the will, a nomination, or the rules governing who is entitled to Letters. It says to check all applicable boxes, but the executor and administrator branches ask different questions.

3g(1), executor or administrator with will annexed: identify whether the proposed executor is named in the will and consents to act, whether no executor is named, or whether the proposed representative is nominated by a person entitled to Letters. Attach that nomination as Attachment 3g(1)(c). If other named executors will not act, identify death, declination, or the other reason; continue in Attachment 3g(1)(d) when needed.

3g(2), administrator: identify the petitioner’s claimed entitlement to Letters, nomination by a person entitled to Letters, and relationship to the decedent, as applicable. Explain priority in Attachment 3g(2)(a) when necessary; attach the nomination in Attachment 3g(2)(b) when that choice applies.

Does being a close relative automatically give me priority?

Not by itself. Appointment priority is a legal order of entitlement, and qualification to serve is another requirement. Section 8461 sets out the administrator-priority list, beginning with a surviving spouse or qualifying domestic partner and then children, subject to the governing provisions. Different appointment circumstances can require different rules.

The form asks you to identify the basis for the request; it does not award priority to whoever files first. An executor named in a will, someone nominated by another entitled person, and a relative requesting administration are different situations. Competing applicants, disputed relationships, or a proposed nomination need specific review before asserting entitlement.

What is a special administrator?

A special administrator is appointed to handle estate needs under the powers and duration the court specifies, often while a general appointment is pending. Item 3g(3) requires Attachment 3g(3) explaining the grounds and requested powers. The page-1 requests separately identify whether general powers are sought.

This is not a way to give yourself emergency authority by checking a box. Special administration has its own appointment and notice procedures. The court’s order and Letters identify the powers and any expiration. Item 3g(4) separately identifies a proposed successor personal representative—someone who would replace a representative in the estate proceeding.

3h. Whose residence is requested here?

This section concerns the proposed personal representative, not the decedent. Identify California residence or nonresidence, providing the permanent address requested for a nonresident, and separately identify U.S. residence or nonresidence.

Living outside California and living outside the United States are different facts. Section 8402 treats U.S. nonresidence as a qualification issue but provides an exception for an executor or successor executor named in the will. Do not treat the residence boxes as a complete eligibility test; qualification and bond questions may need review together.

Page 3 — Independent Administration and Family Information

4. What does the will say about independent administration?

Item 4 states that the will does not preclude administration under the IAEA. “Preclude” means prohibit. Read the will and codicils before making that statement; a bond waiver and an IAEA restriction are different provisions.

Under section 10404, IAEA authority cannot be granted if the will provides that the estate is not to be administered under the Act. This item supports the authority request in item 2c. It does not independently grant authority or ask you to rewrite the will.

5. Which spouse, partner, children, and descendants do I identify?

Item 5 asks who survived the decedent—who was living when the decedent died. It is family information, not a list limited to people receiving gifts in the will. Complete the applicable relationship choices even when a will exists.

Item 5a has four paired questions. Identify a spouse or no spouse, including the applicable divorced/never-married or deceased-spouse description; a registered domestic partner or none; a child or no child; and descendants of a predeceased child or none. The child choices distinguish a natural or adopted child from a natural child adopted by a third party. Preserve those distinctions rather than deciding from ordinary family labels alone.

Issue means descendants, such as children, grandchildren, and further generations. Predeceased means died before the person being discussed. Thus “issue of a predeceased child” asks about descendants of a child who died before the decedent. It is not asking about a problem involving that child.

A simple family outline can help: if a decedent’s child died earlier and left a living daughter, the child and that daughter occupy different generations. The granddaughter is a descendant of the predeceased child. That explains the branch of the form; it does not determine her inheritance.

Item 5b separately asks about a surviving stepchild, foster child, or a child who would have been adopted but for a legal barrier, with a reference to Probate Code section 6454. Do not assume a stepchild is either always included as an heir or always irrelevant. The relationship facts and the legal conditions need to be distinguished. Uncertain parentage, adoption, or domestic-partner status deserves a focused review.

6. When do I complete the other-relatives section?

Complete item 6 if the decedent had a surviving spouse or registered domestic partner but no issue, or had no surviving spouse, registered domestic partner, or issue. In the first situation, the form says only choices 6a or 6b apply. In the second, read the full sequence. Check the first applicable box, not every category containing a relative.

The sequence covers parents; descendants of deceased parents; grandparents; descendants of grandparents; descendants of a predeceased spouse; next of kin; parents of a predeceased spouse or, if both died, their descendants; and no known next of kin. People in the applicable category are then identified in item 8.

“Issue of deceased parents” can include siblings and descendants of deceased siblings. “Issue of grandparents” reaches a different generation of the family tree. These are directions for tracing relationships, not invitations to list only the relatives you see most often. Do not check “no known next of kin” simply because you have not yet investigated the family information.

7. Why does DE-111 ask about a spouse who died earlier?

Item 7 addresses a particular family-and-property situation and says to complete it only if no spouse or issue survived the decedent. It can matter when property came from a spouse who died first; that spouse’s relatives may become relevant.

First identify whether there was a predeceased spouse. If there was, item 7b asks about an interest in real property passing from that spouse, who died not more than 15 years earlier, or personal property valued at $10,000 or more passing from that spouse, who died not more than five years earlier. A separate choice states that neither description applies.

If 7b(1) or (2) applies, check only the first applicable relationship branch: the predeceased spouse’s descendants; their parents; descendants of their parent; the decedent’s next of kin; or the predeceased spouse’s next of kin. Identify the applicable people in item 8.

These questions reflect the special rules in section 6402.5. They do not ask whether the decedent ever received any gift from a spouse. Tracing property, applying the time periods, and handling a registered domestic partnership or an uncertain relationship can require legal analysis. The printed “spouse” wording is not a reason to assume partner-related rules are irrelevant.

Pages 3–4 — 8. People the Court Needs to Know About

What is the difference between an heir and a beneficiary?

An heir is a person entitled to inherit under the laws of intestate succession. A beneficiary is someone entitled to receive a benefit under an instrument such as a will or trust. A person receiving a gift under a will is also called a devisee. Someone can fit more than one category, but the words do not mean the same thing.

For example, a will might leave a gift to a friend. The friend is a named beneficiary even though they are not a relative. A relative may still need to be identified and receive notice even if the will gives that relative nothing. Neither “relative” nor “named in the will” answers every question on the petition.

Who do I list in item 8?

Read the instruction at the bottom of page 3 before filling in the table on page 4. Item 8 asks for names, relationships to the decedent, ages, and addresses, so far as known or reasonably ascertainable, for three groups:

  • Everyone mentioned in the will or any codicil, living or deceased. The wording is broader than “people currently receiving property.” It includes named people who died and people mentioned in roles other than beneficiary.
  • Everyone named or checked in items 2, 5, 6, and 7. Review those sections against the list rather than copying only the will’s gift provisions.
  • All beneficiaries of a trust named in the will or a codicil when the trustee and personal representative are the same person. This specific trust provision can require information beyond the trustee’s name.

An organization mentioned in the will, such as a charity, also belongs in the applicable list; do not omit it because it has no age or family relationship. Continue in Attachment 8 when necessary and mark the continuation box. Keep relationships clear—for example, which deceased child is the parent of a listed grandchild. Identify deceased people as deceased rather than presenting them as living recipients of mail. Keep the information truthful when an age or address remains unknown; “reasonably ascertainable” calls for reasonable efforts to obtain it, not invented details.

What if someone named in the will has died?

They still belong in item 8. Their death may also mean other people need notice. It matters whether the person died before the decedent or afterward and whether the will names a substitute recipient or imposes a survival period.

California Rule of Court 7.51 addresses notice in these situations. Depending on the facts, notice can involve the deceased beneficiary’s personal representative, substitute beneficiaries, descendants, or others entitled to the interest. Listing a deceased person does not complete notice, and it does not decide where their gift goes. A disputed gift or uncertain family branch needs legal review.

9. How do I count attachments and sign DE-111?

Enter the number of attached pages in item 9, not merely the number of separately labeled attachments. Review all four form pages and every attachment before signing. Names, requested appointment, will dates, values, and attachment references should agree throughout.

The signature area separates the attorney’s signature from the petitioners’ signatures. Type or print the requested names, date the declarations, and sign in the appropriate places. All petitioners must sign. If there are multiple petitioners, any one of them may verify the petition, but that does not eliminate the others’ signature requirement. The form directs additional petitioners’ signatures to follow the last attachment.

To verify the petition means to affirm its truth under penalty of perjury under California law. It is not simply a statement that you looked at the pages. Rule 7.103 explains the signature and verification requirements. Someone helping type the form does not replace the petitioners’ review and required signatures.

What Documents Go With DE-111?

Include the attachments your answers call for, then check the court’s separate filing requirements. Not every document in a probate packet is a numbered attachment to this petition.

  • Attachment 2: reasons for a requested bond amount different from the maximum referenced in item 2d(2).
  • Attachments 3e(2) or 3e(3): the applicable written bond waivers.
  • Attachment 3f(2): copies of the will and codicils, with the typed copies and translations the form requests.
  • Attachment 3f(3): the lost-instrument material and explanation required by that item.
  • Attachments 3g(1)(c), 3g(1)(d), 3g(2)(a), or 3g(2)(b): the applicable nomination, continuation of reasons an executor will not act, or priority explanation.
  • Attachment 3g(3): grounds and requested powers for special administration.
  • Attachment 8: the continued list of people.

Label each continuation with its item number and identify the estate and case so it stays connected to the petition. Check that every attachment named in a checked box is present and readable. The original will, notice forms, proposed order, Letters, and duties acknowledgment have distinct roles; follow the court’s submission instructions rather than numbering them all as continuation pages.

DE-147, Duties and Liabilities of Personal Representative and Acknowledgment of Receipt, explains the responsibilities the proposed representative is accepting. Each proposed representative signs the acknowledgment of receipt. Its confidential supplement, DE-147S, is required when the local court rule calls for it. The supplement expressly says not to attach it to DE-147. Follow the court’s procedure for submitting it separately and keeping it out of the public court file.

The court may require proposed DE-140 and DE-150 forms with the initial submission or at another specified stage. The judge signs the appointment order; the clerk issues Letters after qualification. A prepared proposed order or signed affirmation on a blank Letters form is not an already-issued appointment document. Check your court’s probate packet for submission timing, copies, and local forms.

What Happens After I File DE-111?

What does filing accomplish?

Filing places the request before the court and starts the applicable proceeding. The clerk provides the case and hearing information through the court’s filing process. Confirm the date, time, department, appearance instructions, fee or fee-waiver procedure, and any additional required papers. Keep a complete filed copy.

An ordinary petition still needs notice and publication before the court considers it. The roadmap below concerns the usual opening petition; special administration, a successor appointment, or a contested proceeding may have different requirements. California Courts’ formal-probate overview explains the larger process.

How does DE-121 work with DE-111?

DE-111 asks for the appointment and orders; DE-121 gives notice of that request and its hearing. Notice of Petition to Administer Estate identifies the petitioner, proposed representative, requested will and IAEA relief, and hearing details. It is used for notice to the required people and for the prescribed newspaper publication. Our Form DE-121 guide walks through the notice and mailing proof, explains who receives notice, and separates mailing deadlines from newspaper publication requirements.

Under section 8110, notice must be delivered at least 15 days before the hearing to the reasonably ascertainable heirs and to each devisee, executor, and alternative executor named in a will being offered, including where a later instrument purports to revoke the gift or appointment. Other provisions can add recipients, including in trust, foreign-citizenship, or deceased-beneficiary situations. A complete item 8 list is an important starting point, not a substitute for checking the applicable notice rules.

For mail notice, use a qualified adult who is not a party. DE-121’s proof asks the server to confirm being over 18 and living or working in the county where mailing occurred. The server completes and signs the proof after mailing; file the proof with the court. If the list needs more space, the form identifies DE-121(MA). Confirm any special service requirements rather than assuming an informal email or a single envelope for an entire household is sufficient.

If an address is unknown, do not silently omit the person. Follow the court’s procedure for documenting reasonable efforts to locate them and addressing notice. Review the instructions for minors, represented people, and deceased beneficiaries as well.

Is DE-120 the same notice?

No. DE-120, Notice of Hearing—Decedent’s Estate or Trust, is used for applicable other probate or trust hearings, such as a hearing on an estate report or account. Its own instructions expressly say not to use it for notice of a petition to administer an estate; they direct you to DE-121. A similar form name does not make them interchangeable. Our Form DE-120 guide explains those hearing notices, including how the underlying request determines recipients, service, timing, and proof.

What must happen with newspaper publication?

Arrange publication of the DE-121 notice in the qualifying newspaper. Under section 8121, the first publication must be at least 15 days before the hearing. The statute provides for three publications in a newspaper issued at least weekly, with at least five days between the first and last publication dates, excluding those publication dates.

Coordinate the newspaper’s schedule with the hearing date; submitting the notice on the deadline is not the same as having it published by then. Ensure the publication proof is filed and keep a copy. Publication and individual notice are separate requirements. Completing one does not automatically complete the other.

The notice also must match the instruments offered for probate. Rule 7.54 explains when another instrument requires an amended petition and new published and served notice. If a different will or codicil turns up after notice, check that procedure before assuming it can simply be added at the hearing.

What happens before and at the hearing?

Check the court’s probate-review process. Some courts publish examiner notes or identify missing information before the hearing. Address required corrections, supplemental information, notice proofs, and proposed documents through the court’s procedure. Do not assume an incomplete packet will be fixed automatically.

Attend as the court directs. The judge considers the petition, proof, notice, requested appointment and authority, and any objections. The court may grant the request, require more information, or continue the matter. Filing first or receiving no objection does not guarantee the requested result.

When do I become the court-appointed representative?

The court must make the appointment, and the appointment becomes effective when Letters issue. The DE-140 order explicitly warns that appointment is not effective until then. Complete qualification requirements, including the oath and any ordered bond, and follow the clerk’s procedure for issuance of DE-150.

Read the issued Letters and order for the actual title, IAEA authority, restrictions, and any special-administrator powers or expiration. The court may not grant exactly what the petition requested. A filed DE-111, a proposed order, and issued Letters are three different documents with different effects.

What happens after Letters are issued?

Administration continues. The representative identifies and safeguards estate assets, completes the Inventory and Appraisal, gives required creditor notices, addresses debts and taxes, keeps records, and follows the process for reporting and eventual distribution. DE-111 does not finish those tasks or distribute the estate.

DE-160 and DE-161 belong to the inventory-and-appraisal stage. DE-157, Notice of Administration to Creditors, concerns notice to creditors during administration, which is distinct from the opening hearing notice. The DE-147 duties statement and the official formal-probate overview explain these responsibilities. They are the next stage of the process, not an instruction to attach a completed administration file to the petition.

Before You Finish

  • Have I confirmed that this petition is the appropriate process and identified the proper court?
  • Do the caption, item 2 requests, and item 3 appointment details agree?
  • Have I distinguished the decedent, petitioner, and proposed personal representative throughout?
  • Are all will and codicil dates, copies, original-document arrangements, and any special proof needs accounted for?
  • Do the property figures follow the form’s categories and arithmetic without treating every debt as a deduction?
  • Does the bond request match its stated basis and actual waivers? Is the IAEA request consistent with the will and the other papers?
  • Have I followed the conditions and first-applicable-box directions in items 6 and 7, and included every applicable group in item 8?
  • Are attachments labeled, present, counted by pages, and consistent with the petition? Have all petitioners signed and the petition been verified?
  • Have I confirmed local filing requirements, hearing information, individual notice, publication, and proof requirements?
  • Do I understand that filing is a request, and that effective appointment requires issued Letters?

For focused explanations of three decisions and milestones tied to this petition, see when probate bond is required and can be waived, what to expect at the first probate hearing, and full versus limited IAEA authority.

Official Forms and Sources

Sources checked October 4, 2026. This guide follows the current Judicial Council petition and related forms, California Courts guidance, the Probate Code, and the California Rules of Court. Check the official listing again before filing for later changes, and use your court’s current local instructions.

Your court’s probate clerk or self-help center can explain available procedural assistance. A probate attorney can address disputed wills, entitlement to appointment, inheritance, ownership, and the particular authority or protection to request.

Back to Probate & Estates Guides