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Probate Interview Formvitalinbound2023-07-21T14:59:01-07:00

Quick Start Probate Interview APeoplesChoice.com / ProbateByMe.com

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  • Your Contact Information

    Please provide some basic contact information. If you are not going to be a Petitioner in this case, that's OK. You'll have a chance to enter that information later.
  • Please select the type of estate you need to probate, settle and/or administer:
  • We see you aren't ready to tackle our quick and easy interview. That's OK.

    If you have questions before you start, give us a call at 800-747-2780.

    You can also enter your email, then hit the Save and Continue Later button at the bottom of your screen and someone will reach out to you to answer your questions.

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  • REQUIRED FIELDS: As you go through this interview, some field are REQUIRED to have content. This is to make sure that, if left empty, it was by purpose. Please enter N/A in any required field that would otherwise be blank.

  • If you have previously submitted this interview, paid for services and are now updating or corrected previously submitted data. please enter your A People's Choice 4 digit Matter Number here. You would have received your matter number via email. If this is a NEW submission, please leave this field BLANK.
  • Information about the Petitioner

    The petitioner is simply the person that is starting the probate process. The petitioner is often the person(s) that will ultimately be responsible for the estate, but they don't have to be. Courts recommend that the petitioner be one of the following: surviving spouse, a child of the deceased, other next of kin, or a named executor (if there is a will).
  • Who will be petitioning in this case? In a FULL probate case there is no need for more than one petitioner. The petitioner simply starts the process.
  • Please confirm the number of Petitioners in this case. Cases with more than one Petitioner will result in an adjustment to the base fee to cover the required additional paperwork.
  • In small estate proceedings, ALL BENEFICIARIES must co-petition together. Please state the number of beneficiaries that will be petitioners in this matter
    Please enter a number from 1 to 20.
  • Please provide full name, including a complete MIDDLE name. Only If you have no MIDDLE name, you should leave that field blank.
  • Please identify the relationship of the petitioner to the decedent. This could be spouse, daughter, son, grandson, friend, niece, nephew, etc.
    Petitioner is decedent's:
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  • Confidential Information About Petitioner

    Please provide the following information for the required Confidential Statement required by the Court. This information will not be public record but will be maintained by the court.
  • Multiple Petitioners

  • You indicated above there will be more than one Petitioner in this matter. Otherwise, please enter the information below.
  • Please complete the following information for each co-Petitioner. Please provide full name, including a complete MIDDLE name. Only If a party has no MIDDLE name, you should leave that field blank. Enter N/A for any other required field for which there is no information.
    Name of PetitionerRelationship to DecedentAddress, City, State, ZipDate of BirthDriver's Lic. No.State of DL# 
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  • The Case

  • HEGGSTAD PETITIONS: California Code, Probate Code § 17005 provides that the proper county for commencement of a proceeding pursuant to this division is either of the following:

    (a) (1) In the case of a living trust, the county where the principal place of administration of the trust is located.

    (2) In the case of a testamentary trust, either the county where the decedent's estate is administered or where the principal place of administration of the trust is located.

    (b) If a living trust has no trustee, the proper county for commencement of a proceeding for appointing a trustee is the county where the trust property, or some portion of the trust property, is located.
  • Please select the California county where this proceeding will be or is already filed. This is typically either 1) the California county where the decedent resided or 2) if the decedent did not reside in California, where the assets or real property are located.
  • The court provides the case number number. It can be found in every court document pertaining to the case.
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  • The Decedent

  • Please provide full name as it appears on the decedent's Death Certificate, including a complete MIDDLE name. Only If the decedent has no MIDDLE name, you should leave that field blank.
  • Also Known As (AKA) - some people are recognized both legally and commonly by another name, often their middle name or a nickname. Example: Sandy is often Sandra, and Richard is often Dick. Some people use their first initial and full middle name: T. Robert Jones.
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  • Decedent's Residency

  • The deceased's primary legal residence is the place where they lived 50% of the time, where their car was registered, where tax bills and bank statements were mailed to, the address on their ID (passport, driver's license) and voter registration.Please check one:
  • Please choose the decedent's county of residency (where they lived).
  • How many years did the decedent live in the county selected above?
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  • Decedent's Citizenship

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  • Decedent's Death

  • Provide the date of death (from the death certificate).
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  • Personal Information About Decedent

  • If unknown enter "000-00-0000"
  • If unknown enter "unknown"
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  • Decedent's Will

  • Ok - so the decedent had a handwritten Will. In California, the court will need a copy of the handwritten Will as well as a TYPED VERSION of the handwritten will. Please TYPE the Will word-for-word in the space below.
  • Check to see if the will was witnessed. The witness typically signs their name at the bottom of the will as the witness, and there is often an additional affidavit under penalty of perjury along with their signature.
  • Is the Will and all codicils "self-proving?"

    How to Know If a Will is Self-Proving: Attested Wills are signed by two disinterested witnesses, who attest that the Will was signed in their joint presence, at the request of the Testator, and declaring that the Testator was of sound mind. If the witnesses signed under penalty of perjury, the Will is self-proving and the Will can be admitted to probate without the testimony of any subscribing witness. This requires that all Wills admitted for probate be signed under penalty of perjury. However, if not, the attorney or the person petitioning to be the legal representative must have a Proof of Subscribing Witness signed. This requires contacting one of the witnesses and asking them to sign, now under penalty of perjury, that they did in fact witness the Testator’s signing of the Will. Additional fees may apply if will is not self-proving. An attested Will is "self-proving" if the attestation clause signed by the witnesses contains a statement that the witnesses are signing under penalty of perjury.
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  • Amendments or Changes to Decedent's Will

  • A codicil is a small change, added to the will in an additional signed and witnessed document. The codicil simply changes a portion of the will without negating the will entirely.
  • Date of Amendment/CodicilWitnesses (yes or no) 
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  • Named Executor in Will

  • The executor is a person appointed by a person in their will to carry out the terms of the will. Often there will be a "first choice" and then an alternate choice.
  • EXACT Name as referenced in Will (please ALSO add aka if the name referenced in will is differnt from that party's current nameStreet AddressCity, State, ZipPosition (first named, alternate named, etc) 
  • Have any of the above-named individuals declined to act as Executor?
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  • Location of Original Will

  • You have indicated that the ORIGINAL Will is lost. This may result in the decedent's estate being distributed under the laws of intestate succession.
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  • Personal Representative of Estate

    When there is no executor or will, a personal representative of the estate will need to be appointed.
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  • Decedent's Living Trust

  • Please name ALL trustee's listed in decedent's Living Trust. This includes the original Trustees who created the trust and any designated co-trustees and/or alternate successor trustees. Click the + to make additional entries.
    Name of Trustee (as identified in Trust)Designation in Trust (original trustee, first successor, 2nd successor, co-successor)X Check if deceased or enter N/A 
  • Heggstad Petition

  • Please check all that apply
  • Probate Code Section 16061.7 requires notification be sent to to all beneficiaries. What date did the Successor Trustee provided this required notification?
  • Did the Trust have an itemized Trust Schedule?
  • Please type out the Trust Schedule exactly as it is set forth in the Trust
  • Please check the types of assets that were inadvertently omitted from the decedent's Trust. Do NOT include any property titled in the trust.
  • You have indicated there is REAL PROPERTY or TIMESHARES. Please provide the following information for each piece of property omitted from decedent's trust. Click the + to add additional items. You must provide the COMPLETE mailing address for the lender/mortgage holder on the real property as some courts are now requiring the lender to receive formal Notice of the Petition.
    % InterestDate PurchasedStreet Address of propertyCity, State, Zip of PropertyAssessor's Parcel NumberPersonal residence of Decedent? Yes/NoGross Market ValueRaw Land or Type of PropertyName and Complete Mailing address of Bank/Lender 
  • You have indicated there are NOTES RECEIVABLE omitted from decedent's trust. Please provide the following information for each Note. Click the + to add additional items.
    Date ExecutedBorrowerOriginal Loan AmountMonthly Loan PaymentInterest RateCurrent Balance on LoanMaturity DateSecurity (if any) 
  • You have indicated there are BANK ACCOUNTS, OR CERTIFICATE OF DEPOSITS omitted from decedent's trust. Please provide the following information for each Account. Click the + to add additional items.
    Financial InstitutionBranch AddressAccount TypeAccount No.Date OpenedName on AccountBalance at DeathInterest at Death 
  • You have indicated there are RETIREMENT, PENSIONS OR ANNUITIES omitted from decedent's trust. Please provide the following information for each Account. Click the + to add additional items.
    Name of CompanyAccount TypeAccount No.Date Acct. OpenedType of BenefitValue at Death 
  • You have indicated there are STOCKS or MUTUAL FUNDS omitted from decedent's trust. Please provide the following information for each account. Click the + to add additional items.
    Type (common, etc)NameSharesDate PurchasedCUSIP / ticker symbol 
  • You have indicated there are BONDS omitted from decedent's trust. Please provide the following information for each Bond. Click the + to add additional items.
    TypeFace Amount or Par Val.SeriesIssue DateCUSIP No.Maturity Date 
  • You have indicated there is LIFE INSURANCE omitted from decedent's trust. Please provide the following information for each policy. Click the + to add additional items.
    Insurance Co.InsuredPolicy AmountPolicy No.Date Established 
  • You have indicated there are VEHICLES, BOATS, TRAILERS or MOTORCYCLES omitted from decedent's trust. Please provide the following information for each asset. Click the + to add additional items.
    YearMakeModelLic. No.Vin #MileageDate PurchasedCondition 
  • You have indicated there is JEWELRY omitted from decedent's trust. Please provide the following information for each item of substantial value. Click the + to add additional items.
    Detailed description of Item 
  • You have indicated there is ARTWORK omitted from decedent's trust. Please provide the following information for each item of substantial value. Click the + to add additional items.
    Name of WorkArtistYearDate Purchased 
  • You have indicated there are FIREARMS omitted from decedent's trust. Please provide the following information for each item. Click the + to add additional items.
    MakeModelCaliber or GaugeSerial No.ConditionDate Purchased 
  • You have indicated there are BUSINESS INTERESTS omitted from decedent's trust. Please provide the following information for each Business interest. Click the + to add additional items.
    % InterestType of Entity (partnership etc)Type of BusinessName of BusinessDate EstablishedAddress 
  • You have indicated there is a SAFE DEPOSIT BOX. Please provide the following information regarding each safe deposit box. Click the + to add additional items.
    Name of BankAddressContentsDate Opened 
  • You have indicated there is OTHER PROPERTY. Please provide the following information regarding ALL OTHER PROPERTY. Click the + to add additional items.
    DescriptionConditionDate PurchasedOther Details 
  • Please check applicable:
  • Was the property taken out of the trust due to a refinance?
  • Please explain when the property was refinanced, the date of loan and the amount of loan and any other important details regarding this transaction.
  • Was there a health reason that prevented the trustee from putting the omitted assets into the trust?
  • Please provide specific detail as to how decedent's health prevented them from taking the necessary action to put their assets into the trust.
  • Please provide in detail additional facts and circumstances that would support the court approving your Heggstad Petition. Specifically, describe why the decedent was prevented or precluded from actually transferring the omitted property into their trust.
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  • Special Circumstances

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  • Heirs and Devisees

  • Predeceased means someone who has died simultaneously or before (another person, typically someone related by blood or marriage
  • Predeceased means someone who has died simultaneously or before (another person, typically someone related by blood or marriage
  • Tip: Issue of predeceased children are referring to grandchildren of the decedent and specifically grandchildren whose parent (son or daughter of the decedent) has died.
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  • Check the FIRST item that applies.
  • Please check only the FIRST item that applies.
  • Please provide the details about decedent's relatives (living or not) based on your answer above. Click the + to add additional individuals. You MUST include information pertaining to ALL of living or predeceased individuals mentioned in the list above, including any variations of the spelling of their name(s). List should include parents (and/or predeceased parents, siblings (and/or predeceased siblings), other heirs (and/or predeceased other heirs). Please include date of death for any deceased party.
    Full Name (first, middle, last)Relationship to DecedentAgeIf Minor, Date of BirthCompete Resdence Address (street address, city, state, zip) or Date of Death (if deceased) 
  • Please check one of the following:
  • Please check only the FIRST item that applies.
  • Please provide the following details for each non-family member named in decedent's will, including any variations of the spelling of their name(s) in the Will.
    Full Name (first, middle, last)Date of BirthStreet AddressCity, State, ZipAgeLiving or Deceased?Date of Death (if applicable) 
  • In view of your answers above, please provide a detailed outline of the decedent's family tree and how you determined the decedent's heirs (next of kin).
  • All interested parties MUST be listed in the probate petition. This includes information about a pre-deceased spouse (if the decedent was married), information about all heirs and beneficiaries including any deceased children of the decedent, and information about ANYONE named in a decedent's will and/or trust, including any akas or different spelling variations of names of beneficiaries or heirs. Please double check to make sure ALL INFORMATION has been provided regarding any potential interested party and click the box below to confirm. Failure to provide the necessary information could result in a reprocessing fee. (too much information is better than not enough.)
  • Spouse's or Domestic Partner's Information