De 140 Form PDF Details

Navigating through the probate process in California can seem like a daunting task, especially when it involves understanding various forms and legal procedures. One crucial document in this journey is the DE-140 form, also known as the Order for Probate. This form plays a pivotal role in the official appointment of individuals responsible for administering a deceased person's estate, whether as an executor, administrator with will annexed, special administrator, or administrator. These designations depend on whether the decedent had a will, the extent of their assets, and other specific circumstances. The form details include critical elements such as the name and address of the appointed attorney or party without an attorney, the superior court's specifications, and the deceased's estate information. It further outlines the court's findings regarding the decedent's residency status, testamentary intentions, and the legal notices issued. The court's order section specifies the type of administrative authority granted—full or limited—and whether the personal representative can manage the estate independently under the Independent Administration of Estates Act. It also addresses financial matters, including bonds and blocked accounts, to safeguard the estate's assets. Understanding the DE-140 form is essential for anyone involved in the probate process, as it lays the groundwork for the estate's administration and ensures compliance with relevant California laws.

QuestionAnswer
Form NameDe 140 Form
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesca de 140, california probate form de 140, california order probate, ca order probate

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DE-140

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

TELEPHONE AND FAX NOS.:

FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

STREET ADDRESS:

 

 

 

 

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

ESTATE OF (Name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER FOR PROBATE

 

CASE NUMBER:

 

ORDER

 

Executor

 

 

 

 

 

 

 

 

 

 

 

 

APPOINTING

 

Administrator with Will Annexed

 

 

 

 

 

 

 

 

 

 

 

Administrator

 

Special Administrator

 

 

 

 

Order Authorizing Independent Administration of Estate

 

 

 

 

 

 

 

 

 

 

with full authority

 

with limited authority

 

 

 

 

 

 

 

 

 

WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.

1. Date of hearing:

Time:

Dept./Room:

Judge:

THE COURT FINDS

2.a. All notices required by law have been given. b. Decedent died on (date):

(1)

 

a resident of the California county named above.

 

(2)

 

a nonresident of California and left an estate in the county named above.

 

c. Decedent died

 

(1)

 

intestate

 

 

 

(2)

 

testate

 

 

 

and decedent's will dated:

and each codicil dated:

was admitted to probate by Minute Order on (date):

 

THE COURT ORDERS

3.(Name):

is appointed personal representative:

 

a.

 

executor of the decedent's will

d.

b.

 

administrator with will annexed

 

 

 

 

 

administrator

 

c.

 

 

special administrator

(1)

 

with general powers

(2)

 

with special powers as specified in Attachment 3d(2)

 

(3)

 

without notice of hearing

 

(4)

 

letters will expire on (date):

 

and letters shall issue on qualification.

4. a.

 

Full authority is granted to administer the estate under the Independent Administration of Estates Act.

 

 

 

b.

 

Limited authority is granted to administer the estate under the Independent Administration of Estates Act (there is no

5.a.

b.

c.

d.

6.

Date:

authority, without court supervision, to (1) sell or exchange real property or (2) grant an option to purchase real property or

(3) borrow money with the loan secured by an encumbrance upon real property).

Bond is not required.

 

 

 

Bond is fixed at: $

to be furnished by an authorized surety company or as otherwise

provided by law.

 

 

 

Deposits of: $

are ordered to be placed in a blocked account at (specify institution and

location):

 

 

 

and receipts shall be filed. No withdrawals shall be made without a court order.

 

Additional orders in Attachment 5c.

The personal representative is not authorized to take possession of money or any other property without a specific court order.

(Name):

is appointed probate referee.

 

 

 

 

 

JUDGE OF THE SUPERIOR COURT

7. Number of pages attached: _____

 

 

SIGNATURE FOLLOWS LAST ATTACHMENT

 

 

 

 

 

 

Form Approved by the

ORDER FOR PROBATE

Probate Code, §§ 8006, 8400

Judicial Council of California

 

DE-140 [Rev. January 1, 1998]

Mandatory Form [1/1/2000]

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order for probate empty fields to fill out

Please submit the information within the box Decedent died on date, a resident of the California, c Decedent died, intestate testate, and decedents will dated and, THE COURT ORDERS Name, is appointed personal, and letters shall issue on, special administrator, with general powers with special, a b, a b, Full authority is granted to, and to be furnished by an authorized.

order for probate Decedent died on date, a resident of the California, c Decedent died, intestate testate, and decedents will dated and, THE COURT ORDERS  Name, is appointed personal, and letters shall issue on, special administrator, with general powers with special, a b, a b, Full authority is granted to, and to be furnished by an authorized fields to fill out

Type in the appropriate data since you are within the Full authority is granted to, are ordered to be placed in a, Additional orders in Attachment c, Name, Date, Number of pages attached, Form Approved by the Judicial, is appointed probate referee, JUDGE OF THE SUPERIOR COURT, SIGNATURE FOLLOWS LAST ATTACHMENT, ORDER FOR PROBATE, and Probate Code field.

Full authority is granted to, are ordered to be placed in a, Additional orders in Attachment c, Name, Date, Number of pages attached, Form Approved by the Judicial, is appointed probate referee, JUDGE OF THE SUPERIOR COURT, SIGNATURE FOLLOWS LAST ATTACHMENT, ORDER FOR PROBATE, and Probate Code in order for probate

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