Form DE-111 is used to begin the petition for probate in California. This document may seem overly complex for some lay people to complete. However, with the help of A People’s Choice, we can make sure all the required probate information is completed and submitted to the court correctly. Read on to learn more about how to complete and fill out Petition for Probate California form DE-111.
How to Fill Out Petition for Probate California Form DE-111
Form DE-111, the Petition for Probate of Will, must be completed to start the probate process. Keep in mind, the initial simplicity of the form is deceptive. This document will require a multitude of attachments and extra documents that must be custom created, a fact unknown to many people to try to do this on their own.
In order to fill out the petition for probate California form DE-111, the first section of the form, titled Attorney or Party Without An Attorney, is completed by the personal representative (administrator or executor). The personal representative must list his/her name, address, and phone number. Immediately following that section, the representative must fill in the court name and location. In the Petition for Section, if the decedent has a will, the personal representative will either mark one of the first two boxes. If there is no will, the third box should be checked.
As indicated in our previous article, How to Start the Probate Process in California, a Notice of Petition to Administer the Estate must be completed and filed with the court. Line 1 of DE-111 requires the personal representative to state how publication will be made and referencing the probate hearing date. If you are making arrangements for the publication to be made, check box 2.
When you fill out the petition for probate California form DE-111 and more specifically, at line 2, the personal representative completing the form will need to provide their personal information and check the type of appointment status he/she will use to probate the will. For example, if the will names a person to administer the estate, this person will be called the Executor. If no executor is listed in the will, or a person dies without a will, an administrator will be appointed.
The sub-categories of line 2 address the bond requirements. Bond requirements are based on the real and personal property value of the estate. Contact a professional legal service provider for assistance with obtaining a bond.
Line 3 requires the personal representative to list personal information regarding the decedent. This includes when the decedent passed away, his/her principal place of residence, and the character and estimated value of the estate. The character and estimated value of the estate includes the value of personal property, annual gross income, and the gross fair market value of real property less encumbrances. The information listed here is an estimate and does not reflect the true value of the estate. This determination is made after probate is opened by the appointed probate appraiser.
Line 3d references why a bond is not required. The will may waive the need for a bond. In addition, the beneficiaries and heirs at law can also ask for the bond to be waived.
One of the most important attachments that must be included along with the Petition to Probate a will in California is the copy of the will. Line 3e requires for a copy of the will to be included along with any typed copies of documents that are referenced in the will. If there is no will and the decedent died intestate, then the Petition would need to state that.
Line 3f requests information about the personal representative. This includes either the executor of the will or the administrator of the decedent’s estate who died intestate. If a will is involved the personal representative will select the first box. If the decedent died intestate, the second box should be marked. Next, the personal representative will have to list their residency and citizenship status. Line 3-4 should always be checked.
Line 5 is used to identify who the decedent was survived by and who is required to receive notice of the probate hearing. The personal representative should make sure he/she checks all boxes that apply. Line 6 must be completed in the event that the decedent was survived by a spouse or registered domestic partner, but no issue. Line 7 applies when no spouse or issue survived the decedent.
Line 8 requires that everyone named in the will be listed. All the people listed under this section must be provided with notice of the probate of the estate.
As discussed in our previous article, there are more many more forms and detailed attachments that must go with the Petition to Probate. We will give a detailed review on how to complete these forms as well in future articles. Contact A People’s Choice for more information about our probate legal document preparation services.
Filed a Petition for Probate that Has Probate Note Deficiencies?
Unfortunately, people often contact us after they have filed the Petition on their own and then learn, just before their scheduled hearing, face they have pages of probate examiner notes showing deficiencies and problems in their documents. Although you may be disappointed in your lack of legal skills, don’t be too hard on yourself. Many other people before you have also been in this same situation. As with most things in life, it is always better to do things correctly the first time. Fixing problems, particulary with incorrect probate petitions people have prepared on their own, often involves substantially more staff time than it being done correct the first time. That being said, should you find yourself in this predicament, don’t hesitate to contact us as soon as possible. Although it may cost a bit more than had we prepared everything from the start, we can fix problems, address deficiencies and errors addressed in probate notes, and get your Petition on track for court approval.
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