Free probate forms Home | Probate FAQ's | Intro. to Probate|

Steps in Probate |Probate Resources| Find Probate Attorney| Probate Grief Care

Free Probate Forms

Probate Frequently Asked Questions

How do I file a Petition for Probate? (for California)

• Step 1
  Prepare and file the following forms (you will need to provide the original and at least one photocopy of each form). You should call the Probate Calendar Clerk in advance so that a hearing date can be assigned: 

  • Petition for Probate (Form DE-111, Judicial Council), and all attachments,
  • Original Will (if there is one)
  • Notice of Petition to Administer Estate (Form DE-121, Judicial Council)
  • Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council)
  • Order for Probate (Form DE-140, Judicial Council)
  • Letters (Form DE-150, Judicial Council)

    You may also need to file the following forms if you need to prove a Will:

  • Proof of Holographic Instrument (Form DE-135, Judicial Council)
  • Proof of Subscribing Witness (Form DE-131, Judicial Council)

  Step 2
  Give proper notice by mail to all interested persons.

  Step 3
  Arrange for publication in the proper newspaper. (List of local newspapers)

  Step 4
  File the Proof of Service by Mail (see section on "Who should get notice") and Proof of Publication (see section on "How do I publish") with the court.

  Step 5
  File your Bond, if required.

  Step 6
  Appear before the court at the scheduled hearing date. After the hearing, file the signed Order for Probate and Letters in the Clerk's Office and get certified copies, if desired.