Form De 111 PDF Details

The DE-111 form, crucial within the legal framework of the Superior Court of California, serves multiple purposes in the probate process, acting as a petition for various probate requests including the probate of a lost will, letters testamentary, letters of administration with or without a will annexed, and letters of special administration with general powers. It meticulously outlines the necessary details for efficiently navigating the legal proceedings following a person's death, such as the decedent's personal information, the character and estimated value of the estate, the petitioners' requests for administration under the Independent Administration of Estates Act, and specifics regarding the publication of the notice. Additionally, it addresses bond requirements, the decedent's residency, citizenship, and the identity and relationship of survivors, which could significantly influence the administration of the estate. Furthermore, the form includes provisions for detailing the proposed personal representative's qualifications and any surviving relatives or beneficiaries, crucial for ensuring a comprehensive and lawful distribution of the estate. Designed for mandatory use, the DE-111 form embodies an essential tool in the probate process, ensuring clarity, legitimacy, and orderliness in the administration of decedent estates under California law.

QuestionAnswer
Form NameForm De 111
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesprobate petitioner form, form de 111 california, form de 111, how to petition probate

Form Preview Example

DE-111

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO.:

FOR COURT USE ONLY

 

 

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

 

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

 

 

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

 

 

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ESTATE OF (name):

 

 

 

 

 

 

 

 

DECEDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PETITION FOR

 

Probate of

 

Lost

Will and for Letters Testamentary

 

 

 

 

CASE NUMBER:

 

 

 

 

 

 

 

Probate of

 

 

Lost

Will and for Letters of Administration

 

 

 

 

 

 

 

 

with Will Annexed

 

 

 

 

 

 

 

 

 

 

 

Letters of Administration

 

 

 

 

 

 

 

 

Letters of Special Administration

 

 

with general powers

HEARING DATE AND TIME:

DEPT.:

 

 

Authorization to Administer Under

the

Independent

 

 

 

 

 

 

 

 

Administration of Estates Act

 

 

with limited authority

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.Publication will be in (specify name of newspaper):

a. Publication requested.

b. Publication to be arranged.

2.Petitioner (name each): requests that

a. decedent's will and codicils, if any, be admitted to probate.

b. (name):

be appointed

(1) executor

(2) administrator with will annexed

(3) administrator

 

(4)

 

 

special administrator

 

with general powers

 

 

 

 

 

and Letters issue upon qualification.

 

 

c.

 

 

full

 

 

limited authority

be granted to administer under the Independent Administration of Estates Act.

 

 

 

d.

(1)

 

 

bond not be required for the reasons stated in item 3e.

 

 

 

(2)

 

 

$

 

 

bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise

 

 

 

 

 

 

 

 

 

provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob.

 

 

 

 

Code, § 8482.)

 

 

 

(3)

 

 

$

 

 

in deposits in a blocked account be allowed. Receipts will be filed.

 

 

 

 

(Specify institution and location):

3. a.

Decedent died on (date):

 

at (place):

(1) a resident of the county named above.

(2) a nonresident of California and left an estate in the county named above located at (specify location permitting publication in the newspaper named in item 1):

b.

Decedent was a citizen of a country other than the United States (specify country):

.

c. Street address, city, and county of decedent's residence at time of death (specify):

Page 1 of 4

Form Adopted for Mandatory Use Judicial Council of California DE-111 [Rev. July 1, 2017]

PETITION FOR PROBATE

(Probate—Decedents Estates)

Probate Code, §§ 8002, 10450; www.courts.ca.gov

DE-111

ESTATE OF (name):

DECEDENT

CASE NUMBER:

3.d. Character and estimated value of the property of the estate (complete in all cases):

(1)

Personal property:

 

 

$

 

 

 

 

(2)

Annual gross income from

 

 

 

 

 

 

 

 

(a)

real property:

 

 

$

 

 

 

 

 

(b)

personal property:

 

 

$

 

 

 

 

(3)

Subtotal (add (1) and (2)):

 

 

$

 

 

 

 

(4)

Gross fair market value of real property:

$

 

 

 

 

(5)

(Less) Encumbrances:

 

 

($

)

 

(6)

Net value of real property:

 

 

$

 

 

 

 

(7)

Total (add (3) and (6)):

 

 

 

$

 

e. (1)

 

 

Will waives bond.

 

Special administrator is the named executor, and the will waives bond.

 

 

 

(2) All beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment 3e(2).)

(3) All heirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).)

(4) Sole personal representative is a corporate fiduciary or an exempt government agency.

f. (1) Decedent died intestate.

(2)

 

Copy of decedent's will dated:

 

codicil dated

(specify for each):

 

 

 

 

are affixed as Attachment 3f(2). (Include typed copies of handwritten documents and English translations of foreign-

 

 

language documents.)

 

 

 

 

 

 

 

The will and all codicils are self-proving (Prob. Code, § 8220).

 

 

 

 

 

 

(3)

 

The original of the will and/or codicil identified above has been lost. (Affix a copy of the lost will or codicil or a written

 

 

 

 

statement of the testamentary words or their substance in Attachment 3f(3), and state reasons in that attachment

 

 

 

why the presumption in Prob. Code, § 6124 does not apply.)

 

g.Appointment of personal representative (check all applicable boxes):

(1)Appointment of executor or administrator with will annexed:

(a) Proposed executor is named as executor in the will and consents to act.

(b) No executor is named in the will.

(c) Proposed personal representative is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(1)(c).)

(d)

 

Other named executors will not act because of

 

death

 

declination

 

 

 

 

 

 

 

other reasons (specify):

 

 

 

 

 

 

 

 

 

 

 

 

Continued in Attachment 3g(1)(d).

(2)Appointment of administrator:

(a) Petitioner is a person entitled to Letters. (If necessary, explain priority in Attachment 3g(2)(a).)

(b) Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(2)(b).)

(c) Petitioner is related to the decedent as (specify):

(3) Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 3g(3).)

(4) Proposed personal representative would be a successor personal representative. h. Proposed personal representative is a

(1) resident of California.

(2) nonresident of California (specify permanent address):

(3)

(4)

resident of the United States. nonresident of the United States.

DE-111 [Rev. July 1, 2017]

PETITION FOR PROBATE

(Probate—Decedents Estates)

Page 2 of 4

DE-111

ESTATE OF (name):

DECEDENT

CASE NUMBER:

4.

Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act.

5. a. Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))

(1)

(2)

(a)

(b)

(3)

(4)

(5)

(a)

(b)

(6)

(7)

(8)

spouse.

no spouse as follows:

divorced or never married. spouse deceased.

registered domestic partner.

no registered domestic partner. (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.)

child as follows: natural or adopted.

natural adopted by a third party.

no child.

issue of a predeceased child. no issue of a predeceased child.

b. Decedent

 

was

 

was not survived by a stepchild or foster child or children who would have been adopted by

 

 

decedent but for a legal barrier. (See Prob. Code, § 6454.)

6.(Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no spouse, registered domestic partner, or issue. (Check the first box that applies):

a.

b.

c.

d.

e.

f.

g.

h.

Decedent was survived by a parent or parents who are listed in item 8.

Decedent was survived by issue of deceased parents, all of whom are listed in item 8. Decedent was survived by a grandparent or grandparents who are listed in item 8. Decedent was survived by issue of grandparents, all of whom are listed in item 8.

Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. Decedent was survived by next of kin, all of whom are listed in item 8.

Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of whom are listed in item 8.

Decedent was survived by no known next of kin.

7.(Complete only if no spouse or issue survived decedent.)

a.

b.

Decedent had no predeceased spouse.

Decedent had a predeceased spouse who

(1) died not more than 15 years before decedent and who owned an interest in real property that passed to decedent,

(2) died not more than five years before decedent and who owned personal property valued at $10,000 or more that passed to decedent, (If you checked (1) or (2), check only the first box that applies):

(a) Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.

(b) Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8.

(c) Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8.

(d) Decedent was survived by next of kin of the decedent, all of whom are listed in item 8.

(e) Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8.

(3) neither (1) nor (2) apply.

8.Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether living or deceased; (2) all persons named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the trustee and personal representative are the same person.

DE-111 [Rev. July 1, 2017]

PETITION FOR PROBATE

(Probate—Decedents Estates)

Page 3 of 4

DE-111

ESTATE OF (name):

DECEDENT

CASE NUMBER:

8.

Name and relationship to decedent

Age

Address

Continued on Attachment 8.

9.Number of pages attached: Date:

(TYPE OR PRINT NAME OF ATTORNEY )

(SIGNATURE OF ATTORNEY ) *

* (Signatures of all petitioners are also required. All petitioners must sign, but the petition may be verified by any one of them (Prob. Code, §§ 1020, 1021; Cal. Rules of Court, rule 7.103).)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PETITIONER)

 

(SIGNATURE OF PETITIONER)

 

 

 

 

 

(TYPE OR PRINT NAME OF PETITIONER)

 

(SIGNATURE OF PETITIONER)

 

 

Signatures of additional petitioners follow last attachment.

DE-111 [Rev. July 1, 2017]

PETITION FOR PROBATE

 

(Probate—Decedents Estates

 

 

 

 

 

For your protection and privacy, please press the Clear

 

 

This Form button after you have printed the form.

 

 

Print this form

 

Save this form

 

 

 

 

 

 

Page 4 of 4

Clear this form

How to Edit Form De 111 Online for Free

Our PDF editor was made to be as simple as possible. If you stick to the following actions, the process of managing the petition for probate document is going to be convenient.

Step 1: The initial step is to choose the orange "Get Form Now" button.

Step 2: You're now on the file editing page. You may edit, add text, highlight specific words or phrases, put crosses or checks, and add images.

For you to fill in the file, provide the information the platform will request you to for each of the appropriate areas:

how to petition probate empty fields to fill in

Indicate the information in Publication will be in specify, Publication requested, Publication to be arranged, Petitioner name each, decedents will and codicils if any, requests that a b, executor administrator with will, name and Letters issue upon, full, be appointed, with general powers, c d, be granted to administer under the, bond not be required for the, and Decedent died on date.

stage 2 to entering details in how to petition probate

Write the important information once you are within the a resident of the county named, Decedent was a citizen of a, Street address city and county of, Form Adopted for Mandatory Use, PETITION FOR PROBATE, Page of, Probate Code, and wwwcourtscagov section.

how to petition probate a resident of the county named, Decedent was a citizen of a, Street address city and county of, Form Adopted for Mandatory Use, PETITION FOR PROBATE, Page  of, Probate Code, and wwwcourtscagov fields to fill out

You should list the rights and responsibilities of the parties within the ESTATE OF name, CASE NUMBER, DECEDENT, Character and estimated value of, Personal property, Annual gross income from, a real property, b personal property, Subtotal add and, Gross fair market value of real, Less Encumbrances, Net value of real property, Total add and Will waives bond, Special administrator is the named, and Decedent died intestate Copy of part.

Filling in how to petition probate part 4

Finish by checking the next sections and preparing them as required: Appointment of personal, Appointment of executor or, Proposed executor is named as, death, declination, other reasons specify, Continued in Attachment gd, Appointment of administrator a b c, Petitioner is a person entitled to, Appointment of special, Proposed personal representative, resident of California nonresident, resident of the United States, DE Rev July, and PETITION FOR PROBATE.

how to petition probate Appointment of personal, Appointment of executor or, Proposed executor is named as, death, declination, other reasons specify, Continued in Attachment gd, Appointment of administrator a b c, Petitioner is a person entitled to, Appointment of special, Proposed personal representative, resident of California nonresident, resident of the United States, DE Rev July, and PETITION FOR PROBATE blanks to fill out

Step 3: When you hit the Done button, your finished file can be simply transferred to any kind of your devices or to email chosen by you.

Step 4: Generate at least several copies of the file to prevent all of the future issues.

Watch Form De 111 Video Instruction

Please rate Form De 111

1 Votes
If you believe this page is infringing on your copyright, please familiarize yourself with and follow our DMCA notice and takedown process - click here to proceed .